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NOV    2    1914 


ELECTION  1914 


This  Pamphlet  is  for  Preservation 
and  Use  in  the  Precinct,  City  or 
Town  to  which  it  is  Furnished. 


STATE  OF  NEVADA 

THE 

ELECTION 

LAWS 


Compiled  by 
GEORGE  BRODIGAN 

Secretary  of  State 


Printed  at  the 

State  Printing  Office,  Carson  City 

Joe  Farnsworth,  Superintendent 

1913 


OF   THP 


ulr^iS^I  W^^irv  '1 


VOTERS,  TAKE  NOTICE! 


Before  election  day  read  the  law. 

Secure  a  sample  ballot  before  going  to  the  polls. 

Decide  for  whom  you  will  vote  before  going  into  the  booth. 

Obtain  your  ballot  from  one  of  the  Clerks  of  Election. 

You  will  be  allowed  only  ten  minutes  in  which  to  prepare 
your  ballot. 

Stamp  the  cross  X  after  the  name  for  which  you  vote. 

The  cross  must  be  made  only  with  the  stamp  in  black  ink. 

Any  writing  or  other  marking  will  invalidate  your  ballot. 

Fold  your  ballot  before  leaving  the  booth. 

See  that  the  water-mark  and  number  are  on  the  outside. 

Deliver  your  ballot,  folded,  with  the  stamp,  ink  and  ink-pad 
to  the  Inspector,  and  give  your  name« 

Only  one  voter  can  occupy  a  booth  at  one  time. 

A  voter  physically  disabled  may  have  the  assistance  of 
another  elector  in  preparing  his  ballot. 

Inability  to  read  or  write  will  not  be  considered  a  physical 
disability. 

Drunkenness  is  not  physical  disability. 


NOTE— The  above  are  respectfully  suggested  as  some  of  the  instruc- 
tions to  be  printed  in  the  card  of  instruction  to  voters.  Sections  27,  28, 
29  and  30  of  Chap.  5,  entitled  "  An  Act  relating  to  elections  and  removals 
from  office"  should  be  printed  on  each  card. 


UWS  RELATING  TO  ELECTIONS 


Chap.  284 — An  Act  relating  to  elections  and  removals 

from  office. 

[Approved  March  31,  1913] 

The  People  of  the  State  of  Nevada,  represented  in  Senate  and 
Assembly,  do  enact  as  follows: 

Chapter  1 — Legal  Residence 

Legal  Residence  Defined. 

Section  1.  The  legal  residence  of  a  person  with  reference 
to  his  or  her  right  of  suffrage,  eligibility  to  office  or  right  of 
naturalization,  is  that  place  where  he  or  she  shall  have  been 
actually,  physically  and  corporeally  present  within  the  state 
or  county,  as  the  case  may  be,  during  all  of  the  period  for 
which  residence  is  claimed  by  him  or  her;  provided,  how- 
ever, should  any  person  absent  himself  from  the  jurisdiction 
of  his  residence  with  the  intention  in  good  faith  to  return 
without  delay  and  continue  his  residence,  the  time  of  such 
absence  shall  not  be  considered  in  determining  the  fact  of 
such  residence. 

Residence  Gained  or  Lost. 

Sec.  2.  No  person  shall  be  deemed  to  have  gained  or  lost 
such  a  residence  by  reason  of  his  presence  or  absence  while 
employed  in  the  military,  naval  or  civil  service  of  the  United 
States,  or  of  the  State  of  Nevada ;  nor  while  engaged  in  the 
navigation  of  the  waters  of  the  United  States  or  of  the  high 
seas ;  nor  while  a  student  at  any  seminary  or  other  institution 
of  learning;  nor  while  kept  at  any  almshouse,  or  other 
asylum  at  public  expense,  nor  while  confined  in  any  public 
prison  or  jail. 

Residence  Not  Lost. 

Sec.  3.  A  person  removing  from  one  county,  within  this 
state,  to  another,  or  from  one  precinct  to  another  of  the  same 
county,  within  thirty  days  prior  to  any  election,  shall  not  be 
deemed  to  have  lost  his  residence  in  the  county  or  precinct 
removed  from;  provided,  he  was  an  elector  in  such  county 
or  precinct  on  the  thirtieth  day  prior  to  such  election. 

Residence  Lost. 

Sec.  4.  If  a  person  remove  to  another  state,  territory, 
or  foreign  country,  with  the  intention  of  establishing  his 
domicile  there,  and  making  it  his  home,  he  shall  lose  his  resi- 
dence in  this  state. 


4  ^     ^  .    .     .   REGISTRATION 

Burden  bf^  i^rbbf,  ^^  ^'  • '  ■  ^  ^' 

Sec.  5.  If  a  person  having  a  fixed  and  permanent  home 
in  this  state,  break  up  such  home  and  remove  to  another 
state,  territory,  or  foreign  country,  the  intent  to  abandon  his 
residence  in  this  state  shall  be  presumed,  and  the  burden  shall 
be  upon  him  to  prove  the  contrary ;  and  the  same  rule  shall 
obtain  when  a  person,  in  like  circumstances,  and  in  like 
manner,  shall  remove  from  one  county  or  precinct  to  another 
within  the  state. 

Residence  of  Family  Place  of  Residence.  fll 

Sec.  6.  If  a  man  have  a  family  residing  in  one  place  and^ 
he  does  business  in  another,  the  former  must  be  considered 
his  place  of  residence,  unless  his  family  be  located  there  for 
temporary  purposes  only;  but  if  his  famil}^  reside  without 
the  state,  and  he  be  permanently  located  within  the  same, 
with  no  intention  of  removing  therefrom,  he  shall  be  deemed 
a  resident. 

Sec.  7.  If  a  person  remove  to  another  state,  territory 
or  foreign  country,  with  the  intention  of  remaining  there  for 
an  indefinite  time,  and  as  a  place  of  present  residence,  he 
shall  lose  his  residence  in  this  state,  notwithstanding  that  he 
may  entertain  the  intention  of  returning  at  some  uncertain 
future  period ;  and  an  occasional  return,  either  for  business 
purposes  or  pleasure,  to  the  place  of  his  former  abode  in  this 
state,  shall  not  be  sufficient  to  preserve  his  residence  therein. 

Chapter  2 — Registration  VI 

Section  1.     A  new  registration  of  the  electors  of  this  state 
shall  be  made  in  the  year  1914,  within  the  dates  hereinafter^! 
specified,  and  every  two  years  thereafter.  fli 

Sec.  2.  After  being  once  registered  in  any  precinct  in  this 
state,  no  elector  shall  be  permitted  to  reregister  in  any  other 
precinct  until  the  following  biennial  registration  as  hereii 
provided.  If  any  elector  loses  his  residence  in  the  precinci 
in  which  he  is  registered,  by  reason  of  removal  therefrom,  h( 
shall  acquire  the  right  to  vote  in  his  new  precinct  by  a  trans-i 
fer  of  registration  only,  as  hereinafter  provided. 

When  Registry  Agent  Other  Than  Justice  of  the  Peace  May 
Be  Appointed. 
Sec.  3.     The  justices  of  the  peace  of  the  several  counti( 
of  the  state  shall  be  ex  officio  the  registry  agents  of  thei] 
respective  townships,  and,  as  such,  their  powers  and  duti( 
shall  be  as  hereinafter  provided  in  this  act ;  provided,  that  ii 
any  townships  where,  from  any  cause,  there  shall  be  no  juj 
tice  of  the  peace  duly  commissioned  and  qualified,  or  where^ 
an  election  district  may  be  situated  too  distant  from  the 
office  of  the  justice  of  the  peace  of  said  township,  the  com- 
missioners of  the  county  in  which  said  election  district  is 
located  may  appoint  some  other  competent  person  to  perfori 
the  duties  of  registry  agent,  who  shall  be  clothed  with 


3r 

i 


REGISTRATION  5 

same  power  and  governed  by  the  same  restrictions  as  justices 
of  the  peace  in  the  registration  of  the  names  of  electors  under 
the  provisions  of  this  act.  All  registry  agents  shall  have 
power  to  administer  oaths  or  affirmations,  and  do  such  other 
acts  as  may  be  necessary  to  fully  carry  out  the  provisions  of 
this  act.  Any  registry  agent  or  ex  officio  registry  agent  may 
appoint  a  deputy  registry  agent  who,  upon  the  filing  of  his 
appointment  and  oath  of  office  with  the  county  clerk,  shall 
have  power  to  register  voters,  administer  oaths  or  affirma- 
tions, and  do  all  such  other  acts  as  may  be  done  by  a  registry 
agent  in  carrying  out  the  provisions  of  this  act.  Any  regis- 
try agent  or  ex  officio  registry  agent  appointing  any  deputy 
shall  be  responsible  for  the  compensation  and  acts  of  such 
deputy.     (As  amended.  Stats.  1911,  p.  332.) 

County  Commissioners  to  Provide  Stationery  for  Registry 
Agents. 

Sec.  4.  The  county  commissioners  of  the  several  counties 
shall  provide  for  the  registry  agents,  in  their  respective  coun- 
ties, when  and  where  required,  all  proper  and  necessary 
books  and  stationery  to  carry  out  the  provisions  of  this  act. 
They  shall  furnish  to  each  registry  agent  a  book  which  shall 
be  known  as  the  "Official  Register,"  which  shall  be  ruled  in 
columns  of  suitable  dimensions  to  provide  for  the  following 
entries  opposite  the  name  of  each  elector,  to  wit : 

First — Number  on  the  register. 

Second — Date  of  registry. 

Third — Name  of  elector. 

Fourth — Age  of  elector. 

Fifth — Where  born. 

Sixth — Last  place  of  residence  before  coming  to  Nevada. 

Seventh — First  place  of  residence  in  Nevada. 

Eighth — Present  number  of  ward,  or  name  of  electoral  dis- 
trict. 

Ninth — Description  of  residence. 

Tenth — Certificate  of  naturalization  exhibited. 

Eleventh — Designating  the  politics  or  political  party  of  the 
elector;  provided,  that  said  elector  shall  not  be  required  to 
designate  his  politics  or  the  political  party  to  which  he 
belongs  and  the  registry  agent  shall  not  be  required  to  enter 
the  same  on  the  register  unless  said  elector  intends  to  vote  at 
a  primary  election  provided  for  by  law ;  and  in  no  event  shall 
any  elector,  who  has  refused  or  failed  to  indicate  his  politics 
or  the  political  party  to  which  he  belongs,  as  herein  required, 
be  entitled  to  vote  at  any  primary  election. 

Particular  Directions  as  to  Registration  of  Voters. 

Sec.  5.  It  shall  be  the  duty  of  the  registry  agents,  at  any 
time  when  called  on  to  do  so,  between  the  hours  of  10  a.  m. 
and  6  p.  m,,  on  all  legal  days,  from  and  after  the  first  day  of 
July,  and  up  to  and  including  the  twentieth  day  of  October, 
prior  to  any  general  election,  and  in  the  case  of  any  special  or 


6  REGISTRATION 

municipal  election  provided  for  by  law,  twenty  days  prior  to 
closing  the  register  (which  shall  close  ten  days  prior  to  the 
day  of  election),  to  receive  and  register  the  names  of  all  per- 
sons legally  qualified  and  entitled  to  vote  at  such  election,  or 
who  will  have  legally  acquired  a  residence  (being  otherwise 
qualified)  and  right  to  vote  at  such  ensuing  election  accord- 
ing to  the  provisions  of  law  under  which  such  election  may  be 
held,  in  each  election  district  within  their  respective  town- 
ships, entering  on  the  official  register  under  the  proper  head- 
ing, the  number  and  date  of  registry,  the  name  (with  the 
first  or  given  name  in  full,  if  practicable),  the  age  and 
nativity  of  the  elector,  last  place  of  residence  of  elector  before 
coming  to  Nevada,  first  place  of  residence  of  elector  in 
Nevada,  together  with  the  number  of  the  ward  or  name  of 
precinct,  and  a  particular  description  of  the  house,  building 
or  room  in  which  the  elector  resides,  such  as  will  enable  the 
officer  or  person  desiring  to  serve  notice  of  objection  to  vote 
to  find  the  same  without  difficulty ;  and  when  the  person  so 
registered  shall  be  of  foreign  birth,  the  fact  of  the  exhibition 
of  or  failure  to  exhibit  his  certificate  of  naturalization  shall 
be  noted  in  the  column  provided  for  that  purpose,  which 
list,  properly  entered,  as  in  this  section  required,  shall  be 
known  as  the  "Official  Register"  of  elections  of  their  respect- 
ive townships ;  provided,  that  for  ten  days  next  preceding  the 
day  set  for  closing  the  registry  before  any  election  mentioned 
in  this  act,  said  registry  agents  shall  also  be  in  attendance  at 
their  respective  offices,  and  ready  to  register  the  names  of 
applicants,  at  any  time  between  the  hours  of  7  and  9 
o'clock  p.  m.,  in  addition  to  the  hours  heretofore  required  in 
this  section ;  provided  further,  that  if  any  person  shall  fail  or 
refuse  to  give  his  residence  and  the  other  information,  with 
the  particularity  required  in  this  section,  he  shall  not  be 
registered ;  and  provided  further,  if  the  20th  day  of  October 
shall  fall  on  Sunday  the  time  for  registration  shall  be 
extended  until  6  p.  m.  of  the  21st  day  of  October ;  and  pro- 
vided further,  that  no  person  shall  be  deemed  to  be  registered 
for  the  September  primary  election  unless  he  shall  have  been 
so  registered  on  or  before  the  20th  day  of  August  next  pre- 
ceding the  date  of  such  election. 

To  Publish  Notice. 

Sec.  6.  The  registry  agents  shall  cause  to  be  published  in 
a  newspaper  published  in  their  county,  or  if  none  be  so  pub- 
lished, then  in  the  newspaper  published  nearest  to  their 
county-seat,  for  twenty  days  before  the  expiration  of  the 
time  provided  for  registration,  prior  to  any  general  election, 
and  for  ten  days  before  the  expiration  of  the  time  provided 
by  law  for  registration  prior  to  any  special  or  municipal 
election,  a  notice  to  the  effect  that  the  time  for  registration 
of  the  names  of  the  qualified  electors  in  election  districts  num- 
ber   ,  township ,  prior  to  the election  (specify- 
ing the  election),  to  be  held  on  the day  of , 


REGISTRATION  7 

A.  D.,  19.-..,  for  the  county  of (or  city  of ), 

will  expire  at  6  o'clock  p.  m.,  on  the day  of ,  A.  D., 

19 The  publication  of  said  notice  shall  continue  until  the 

expiration  of  the  time  provided  for  said  registration;  pro- 
vided, that  in  remote  or  new  and  sparsely  settled  districts 
written  notices  posted  at  not  less  than  five  conspicuous  places 
within  said  district  may  be  substituted  for  the  publication 
in  a  newspaper. 

Voter  to  Take  Oath — Form  of  Oath. 

Sec.  7.  Every  person  applying  to  be  registered  shall, 
before  he  shall  be  entitled  to  have  his  name  registered,  take 
and  subscribe  the  following  oath  or  affirmation,  which  shall 
be  administered  by  the  registry  agent,  to  wit: 

"I  do  solemnly  swear  (or  affirm)  that  I  am  a  citizen  of  the 
United  States,  that  I  am  of  the  age  of  twenty-one  years,  and 
will  have  actually  and  not  constructively  resided  in  this  state 
six  months,  and  in  the  county  thirty  days  next  preceding  the 
day  of  the  next  ensuing  election  (or,  in  case  of  a  municipal 
election,  such  length  of  time  as  may  be  required  by  the  act  of 
incorporation),  that  before  coming  to  the  State  of  Nevada  I 

last  resided  at ,  in  the  State  of (designating 

such  place  of  residence),  that  upon  first  coming  to  the  State 

of  Nevada  I  resided  at ,  in  said  state  (designating 

such  place  of  residence),  and  that  I  am  not  registered  else- 
where in  this  state.  So  help  me  God  (or  under  the  pains  and 
penalties  of  perjury)." 

Whenever  an  oath  is  required  by  the  provisions  of  this  act, 
the  elector  shall  swear  according  to  the  form  of  his  religious 
faith  or  belief  and  in  such  manner  as  may  be  considered  most 
obligator}^  on  his  conscience. 

Oath  Required  of  Elector,  When. 

Sec.  8.  When  any  person  shall  appear  and  demand  to  be 
registered,  whom  the  registry  agent  shall  not  know  to  be 
entitled  to  registry,  under  the  qualifications  required  by  law 
for  the  election  then  ensuing,  the  registry  agent  may  ques- 
tion the  applicant  generally,  either  under  oath  or  not,  as  to 
his  qualifications  as  an  elector,  and,  if  satisfied,  shall  enter 
his  name  in  the  registry.  But  if  the  registry  agent  shall 
not  be  fully  satisfied,  or  if  the  applicant  be  challenged  by  a 
qualified  elector  of  the  county,  stating  distinctly  the  grounds 
of  challenge,  the  registry  agent  shall  require  the  applicant  to 
answer  trul.y,  under  oath  or  affirmation,  the  following  ques- 
tions together  with  such  other  questions  as  said  registry  agent 
may  consider  necessary  and  proper,  testing  his  qualifications 
as  an  elector  for  the  ensuing  election,  to  wit : 

First — Are  you  a  citizen  of  the  United  States  ? 

Second — Are  you  now  or  will  you  be  twenty-one  years  of 
age  on  or  prior  to  the  day  of  the  next  ensuing  election  ? 

Third — On  the  day  of  the  next  ensuing  election  will  you 
have  actually  and  not  constructively  resided  in  this  state  six 


8  REGISTRATION 

months,  and  in  this  county  thirty  days  (or  in  this  city 

days  or months,  as  provided  by  the  act  of  incorpora- 
tion) next  preceding  the  day  of  said  election? 

Fourth — Are  you  now  a  resident  of  the  election  district  in 
which  you  propose  to  be  registered  ? 

Fifth — Are  you  registered  for  this  electoral  year  in  any 
other  election  district  in  the  name  you  have  now  given,  or  in 
any  other  name  ? 

If  any  of  the  foregoing  questions  shall  be  answered  in  the 
negative  except  the  fifth,  or  that  in  the  affirmative,  the  appli- 
cant shall  not  be  registered ;  but  if  the  applicant  answer  all 
the  foregoing  questions  in  the  affirmative,  except  the  fifth,  and 
that  in  the  negative,  and  the  registry  agent  shall  still  believe, 
from  the  answers  to  such  further  questions  that  he  may  be 
led  by  circumstances  to  ask,  that  the  applicant  is  not  a  quali- 
fied elector,  he  shall  refuse  to  register  the  name  of  said  appli- 
cant. But  such  applicant  may  then  apply  to  the  district 
court  of  his  district,  or  the  judge  thereof,  for  a  writ  of  man- 
damus to  compel  the  proper  registration  of  his  name  in  such 
election  district;  and  any  elector  may  also  apply  to  the  dis- 
trict court  of  his  district,  or  the  judge  thereof,  for  a  writ  of 
mandamus  to  compel  the  registry  agent  to  erase  from  the 
registered  list  of  electors  the  name  of  any  person  therein  reg- 
istered whom  the  applicant  may  know  and  be  able  to  prove  is 
not  a  qualified  elector;  provided,  that  said  registry  agent 
shall  have  notice  and  opportunity  to  be  heard  before  said 
court,  or  the  judge  thereof,  and  show  cause  for  his  refusal. 
For  the  purpose  of  deciding  contested  questions  of  regis- 
tration, the  district  judges  of  the  various  judicial  districts 
shall  hold  court  or  sit  in  chambers  at  least  one  day  in  each 
county  of  their  respective  districts  during  the  ten  days  imme- 
diately preceding  any  general  election,  during  which  days 
cases  of  contested  registration  shall  take  precedence  of  all 
other  business  before  such  judges  or  courts.  All  such  cases 
shall  be  decided  within  forty-eight  hours  after  being  sub- 
mitted, and  every  case  shall  be  decided  before  the  day  of 
election.  A  resident,  within  the  meaning  of  this  act,  shall 
be  construed  to  mean  a  person  who  has  resided  or  will  have 
resided  continuously  within  this  state  for  six  months,  and  in 
the  precinct  the  time  prescribed  by  law,  next  preceding  the 
day  of  the  next  ensuing  election.  Every  person  registered 
for  a  September  primary  election  shall  be  deemed  registered 
for  all  subsequent  elections  for  which  the  residence  qualifica- 
tion is  included  in  or  implied  by  the  residence  qualification 
of  such  September  primary  election,  until  and  including  the 
30th  day  of  June  of  the  next  even-numbered  year,  and  regis- 
trations held  subsequent  to  such  September  primary  regis- 
tration shall  only  be  for  the  purpose  of  registering  those  not 
registered  for  such  September  primary  election,  or  for  any 
election  held  subsequent  thereto,  and  prior  to  the  date  when 


REGISTRATION  V 

such  person  applies  for  registration.  The  person  so  deemed 
registered  shall  be  subject  in  all  cases  to  be  excluded  from 
the  registry  by  reason  of  the  change  of  residence,  or  other 
causes,  as  provided  elsewhere  in  this  act. 

Sec.  9.  Any  person  entitled  to  be  registered  may  apply  to 
his  proper  registry  agent,  to  be  registered  without  personal 
appearance  before  the  registry  agent.  Upon  receipt  of  a 
request  from  any  such  person,  the  registry  agent  shall  furnish 
him  by  mail,  or  otherwise,  a  blank  to  be  filled  out  by  such 
applicant  for  registration.  Such  blank  shall  contain  the 
usual  headings  of  the  official  register  and  shall  also  contain  a 
certificate,  to  be  signed  by  the  applicant  for  registration,  that 
he  is  a  qualified  voter  of  the  state,  that  he  is  entitled  to  regis- 
tration, that  he  is  not  registered  in  any  other  election  pre- 
cinct in  this  state,  that  he  makes  this  certificate  for  the 
purpose  of  being  placed  on  the  registration  list  and  that  the 
entries  upon  the  blank  are  in  his  own  handwriting.  These 
said  blanks  shall  also  contain  a  certificate,  to  be  signed  by 
two  qualified  electors  of  the  county,  that  they  know  the 
applicant  for  registration  is  entitled  to  be  registered  by  the 
registry  agent  in  the  precinct  in  which  he  is  applying  for 
registration.  The  making  of  a  wilful  false  certificate  provided 
for  in  this  section  shall  be  a  misdemeanor  and  punishable 
as  now  provided  by  law  for  the  punishment  of  misdemeanors. 

Sec.  10.  Upon  the  receipt  by  mail,  or  otherwise,  of  any 
such  blank  form  properly  filled  out  and  certified  as  herein 
provided,  prior  to  the  time  for  the  close  of  registration,  the 
registry  agent  shall  place  the  name  of  such  applicant  upon 
the  official  register  and  shall  carefully  preserve  all  such 
blank  forms  which  shall  have  been  presented  to  him  by  appli- 
cants for  registration  and  who  shall  have  been  registered  by 
him  as  herein  provided. 

Naturalized  Citizen,  How  Qualified. 

Sec.  11.  When  a  naturalized  citizen  shall  apply  for  regis- 
tration, his  certificate  of  naturalization  must  be  produced 
and  stamped  or  written  in  ink  by  the  registry  agent,  with 
his  name  and  the  year  and  county  where  presented ;  but  if  it 
shall  satisfactorily  appear  to  the  registry  agent,  by  the  oath 
or  affirmation  of  the  applicant  (and  the  oath  or  affirmation 
of  one  or  more  credible  citizens,  as  to  the  credibility  of  such 
applicant,  when  deemed  necessary),  that  such  certificate  of 
naturalization  is  lost  or  destroyed,  or  beyond  the  reach  of  the 
applicant  for  the  time  being,  said  registry  agent  shall  register 
the  name  of  the  applicant,  unless  he  be  by  law  otherwise  dis- 
qualified; provided,  that  in  case  of  failure  to  produce  the 
certificate  of  naturalization,  the  registry  agent  shall  pro- 
pound to  him  the  following  questions : 

First — In  what  year  did  you  come  to  the  United  States  ? 

Second — In  what  state,  county,  court,  and  year  did  you 
declare  your  intention  to  become  a  citizen  ? 


10  REGISTRATION 

Third — In  what  state,  county,  court,  and  year  were  you 
finally  admitted  to  citizenship  ? 

Fourth — Where  did  you  last  see  your  certificate  of  natu- 
ralization ? 

The  answers  to  the  above  questions  shall  be  taken  down 
the  form  of  an  affidavit,  which  shall  be  subscribed  and  swo 
to  by  the  applicant  and  retained  in  possession  by  the  registr 
agent,  and  by  him  handed  over  to  his  successor;  providedl 
that  no  person  shall  be  required  to  make  the  affidavit  twice 
before  the  same  agent,  or  successor  of  such  agent,  having  in 
his  possession  a  former  affidavit. 

Registry  Agent  to  Publish  Names  of  Voters — Challenge,  How 
Made  and  Disposed  Of. 
Sec.  12.  On  the  day  next  succeeding  that  on  which  the 
registration  of  electors,  prior  to  any  election,  mentioned  in 
this  act  shall  have  been  closed,  the  registry  agents  shall,  wit 
all  reasonable  expedition,  prepare,  and  cause  to  be  w^ritte 
or  printed  a  full  and  complete  list  of  all  the  names  registere 
by  them,  and  then  remaining  on  the  official  register,  for  each 
election  district,  alphabetically  arranged,  commencing  always 
with  the  surname  of  each;  and  they  shall  have  printed  or 
written  such  reasonable  number  of  copies  of  each  district  list 
as  in  their  judgment  may  be  necessary,  at  least  five  copies  of 
which  they  shall  cause  to  be  posted  up  in  as  many  public  and 
conspicuous  places  within  the  district  to  which  they  apply, 
and  the  remainder  of  such  lists  shall  be  distributed  among  the 
electors  of  the  respective  districts.  The  registry  agents  shall 
give  notice  in  said  lists  that  they  will  receive  objections  to 
the  right  to  vote,  on  the  part  of  any  person  so  registered, 
until  6  o'clock  p.  m.  on  the  tenth  day  previous  to  the  day 
of  election ;  and  also  requesting  all  persons  whose  names  may 
be  erroneously  entered  in  said  lists  to  appear  at  his  office  and 
have  such  error  corrected.  Such  objections  to  the  right  to 
vote  shall  be  made  only  by  a  qualified  elector  in  writing,  set- 
ting forth  the  ground  of  the  objection  or  disqualification,  and 
sworn  to,  or  affirmed  to,  to  the  best  of  his  knowledge  and 
belief.  A  copy  of  such  written  objections,  with  the  name  of 
the  objector,  together  with  a  copy  of  notice,  requiring  the 
person  objected  to  to  appear  before  the  registry  agent  at  a 
time  certain  and  specified  therein,  and  answer  under  oath 
such  questions  as  may  be  propounded  to  him  by  the  registry 
agent,  touching  his  qualifications  as  an  elector,  shall  be  served 
on  the  person  objected  to,  and  such  service  shall  be  good 
when  left  at  the  place  of  residence  of  such  person  objected  to, 
as  the  same  shall  appear  in  the  official  register,  however  gen- 
eral or  indefinite  may  be  the  description  of  the  same  in  said 
register.  And  no  such  objections  shall  be  tried  unless  it 
shall  appear  by  the  return  of  an  officer,  or  the  sworn  state- 
ment of  an  elector  within  the  county,  appended  to  such 
notice,  that  such  objections  and  notice  were  by  him  duly 


1 

^.dMi 


REGISTRATION  11 

served  by  copy,  as  in  this  section  of  this  act  required.  At 
the  time  specified  in  the  notice,  or  at  such  further  time  as  the 
hearing  may  be  adjourned  to,  the  registry  agent,  upon  being 
satisfied  from  the  return  or  affidavit  that  proper  service  of 
notice  has  been  had,  as  in  this  section  provided,  shall  proceed 
to  examine  such  person  (if  present),  under  oath,  touching 
all  matters  specified  in  such  written  objections,  and  respect- 
ing his  general  qualifications  as  an  elector,  and  the  testimony 
of  the  person  making  the  objections,  and  any  further  evidence 
offered  (which  the  registry  agent  before  whom  objections  are 
made  may  desire  to  hear  in  relation  thereto) .  If  the  registry 
agent  shall  be  satisfied,  from  the  answers  under  oath  of  the 
person  objected  to,  or  other  evidence,  that  he  is  not  a  qualified 
elector,  as  required  by  law,  for  the  next  ensuing  election,  or 
if  such  person,  so  notified  as  hereinbefore  provided  and 
required,  shall  fail  to  appear  at  the  time  set,  or  shall  fail  to 
show  cause  for  his  nonappearance,  it  shall  be  the  duty  of  the 
registry  agent  to  erase  his  name  from  the  official  register; 
provided,  that  any  person  whose  name  may  have  been  so 
erased,  maj^  apply  to  the  district  court  or  the  judge  thereof, 
as  is  provided  in  section  6  of  this  act ;  provided,  further,  for 
a  refusal  of  any  registry  agent  to  perform  his  duties  as  regis- 
try agent,  he  shall,  on  conviction  thereof,  before  a  court  of 
competent  jurisdiction,  be  punished  by  a  fine  of  not  less  than 
thirty  dollars  nor  more  than  one  hundred  dollars,  or  by 
imprisonment  not  less  than  fifteen  nor  more  than  fifty  days, 
or  by  both  such  fine  and  imprisonment. 

Begistry  Lists  Printed,  When. 

Sec.  13.  Whenever  any  board  of  county  commissioners 
shall  deem  it  necessary  to  have  printed  copies  of  the  names 
upon  the  register  of  voters  in  any  election  precinct,  said 
board  shall  cause  said  list  to  be  printed  in  such  manner,  and 
for  such  time,  in  a  newspaper  or  otherwise,  as  they  may  deem 
best  calculated  to  give  notice  to  the  public  of  the  names  so 
registered,  and  shall  cause  copies  thereof  to  be  forthwith  fur- 
nished to  the  registry  agent  of  said  precinct  for  posting ;  pro- 
vided, that  no  registry  list  shall  be  printed  at  the  charge  or 
expense  of  a  county,  and  no  board  of  county  commissioners 
shall  allow,  or  auditor  approve,  any  claim  therefor,  in  whole 
or  in  part,  unless  said  printing  shall  have  been  done  at  the 
instance  and  order  of  said  board ;  and  provided  further,  that 
in  no  case  shall  the  whole  amount  allowed  by  said  board, 
approved  by  the  auditor,  or  paid  by  the  county  for  print- 
ing any  registry  list,  exceed  the  sum  of  fifteen  cents  for  each 
name  upon  said  list  and  printed ;  and  provided  further,  that 
in  all  cases  of  such  publication,  subsequent  to  the  date  of  the 
September  primary  election,  such  published  list  shall  include 
only  the  names  of  electors  not  registered  and  entitled  to  vote 
at  a  previous  election,  under  the  provisions  of  section  8  of 
this  chapter. 


12  REGISTRATION 

Copies  of  Register  and  Check  Lists  To  Be  Furnished. 

Sec.  14.  During  the  time  intervening  between  the  closing 
of  any  registration  of  electors  and  the  day  of  the  next  ensu- 
ing election,  the  registry  agents  shall  carefully  copy  from  the 
official  register,  into  suitable  books,  one  for  each  election 
district  within  their  respective  townships,  the  names  of  all 
electors  registered  for  such  election  district,  alphabetically 
arranged  (the  surname  first),  entering  opposite  each  name 
the  number  it  bears  on  the  official  register,  together  with  all 
other  entries  therein  found  opposite  such  name.  The  regis- 
try agent  shall  also  prepare,  not  later  than  the  day  next  pre- 
ceding that  on  which  the  election  is  to  be  held  in  "index 
books,"  one  for  each  election  district,  and  which  shall  be 
known  as  the  "check  list,"  lists  of  the  names  of  all  electors 
found  on  the  official  register  for  such  election  districts,  alpha- 
betically arranged  (the  surname  first),  with  the  number  such 
name  bears  in  the  official  register  placed  at  the  left  of  the 
name  of  the  elector,  and  with  a  blank  column  at  the  right  of 
the  column  of  names,  formed  by  two  parallel  perpendicular 
lines,  in  which  the  inspectors  of  election  shall  check  the  names 
of  those  voting,  by  some  particular  character,  as  for  instance, 
thus  "V"  for  voted.  Said  blank  columns  last  mentioned 
shall  have  written  "headings"  made  by  the  registry  agents, 
showing  what  particular  election  said  "check  lists"  apply  to, 
as  for  instance,  "voted  at  general  election,  1868,"  or  "voted 
at  city  election,  1869."  The  copy  of  the  official  register, 
together  with  the  "check  list,"  for  each  election  district,  as 
herein  provided,  shall  be  carefully  prepared  and  duly  cer- 
tified to  by  the  registry  agent,  and  delivered  to  some  one  of 
the  inspectors  of  election,  in  each  election  district,  at  a  time 
not  later  than  the  day  next  preceding  that  on  which  such 
election  is  to  be  held,  and  such  "check  lists"  shall  be  carefully 
preserved  and  transmitted  by  the  inspectors  of  election  to  the 
clerk  of  the  board  of  county  commissioners,  in  connection 
with  and  as  a  part  of  the  "election  returns,"  as  provided  by 
law. 

Transfers  — ■  Certain  Electors   Given   Certificates  Entitling 
Them  to  Vote  in  Choice  of  Precincts  Under  Certain  Con- 
ditions. 
Sec.  15.     Any  registered  elector,  moving  from  one  election 
district  to  another,  prior  to  the  day  of  the  ensuing  election, 
may  apply  to  the  registry  agent  before  whom  he  has  already 
been  registered  for  that  electoral  year,  at  any  time  prior  to 
the  delivery  of  the  certified  copies  of  register  to  the  inspectors 
of  election,  and  have  his  name  taken  off  the  official  register, 
and  receive  from  the  registry  agent  a  certificate  showing  sub- 
stantially that  he  was  on  a  certified  date  duly  registered  in 

the  official  register  of  Township  No ,  in  the  county  of , 

and  that  his  name  has  been  erased  at  his  own  request ;  which 
certificate  shall  entitle  him  to  have  his  name  registered  in 


I 


REGISTRATION  13 

the  same  manner  as  other  names  are  registered,  in  any  other 
election  district  either  within  the  same  county  or  any  other 
county,  for  said  election ;  provided,  that  it  shall  satisfactorily 
appear  to  the  registry  agent  receiving  the  certificate,  and  to 
whom  application  is  made  for  the  second  registration,  that  the 
applicant  will  have  resided  such  length  of  time  within  such 
county  and  election  district,  prior  to  the  next  ensuing  elec- 
tion, as  is  or  may  be  provided  by  law  to  entitle  him  to  vote. 
Any  registered  elector  employed  in  moving  trains,  stages, 
mails  or  otherwise  upon  any  of  the  transportation  routes  in 
this  state  may  apply  to  the  registry  agent  before  whom  he 
has  been  already  registered  for  that  electoral  year,  at  any 
time  prior  to  the  delivery  of  the  certified  copy  of  the  register 
to  the  inspectors  of  election,  and  have  his  name  taken  off  the 
official  register  and  receive  from  the  registry  agent  a  cer- 
tificate as  above  provided.  Upon  presenting,  at  any  time 
not  later  than  one  hour  prior  to  the  closing  of  the  polls,  to 
the  inspectors  of  election,  in  any  precinct  on  the  railroad, 
stage  line  or  transportation  route  on  which  he  is  employed, 
including  the  precinct  in  which  he  originally  registered,  the 
certificate  mentioned  above,  and  his  written  affidavit,  which 
may  be  subscribed  and  sworn  to  before  any  of  the  inspectors 
of  election,  or  any  officer  authorized  to  administer  oaths, 
stating  that  he  was  so  suddenly  called  away  or  detained  by 
the  transportation  business  in  which  he  is  employed  that  he 
did  not  have  time  to  vote  in  the  precinct  in  which  he  was 
originally  registered,  or  to  reregister  under  his  transfer  in 
that  or  any  other  precinct  before  the  delivery  of  the  certified 
copy  of  the  register  to  the  inspectors  of  election,  the  inspectors 
of  election  shall  accept  and  file  the  certificate  and  affidavit  and 
shall  cause  the  name  of  the  elector  to  be  entered  upon  the 
certified  copy  of  the  register  and  the  check-list  under  the 
designation  "Electors  allowed  to  vote  upon  presentation  of 
certificate  and  affidavit  on  election  day,"  and  shall  thereupon 
allow  the  elector  to  vote,  the  same  as  if  his  name  had  origi- 
nally appeared  upon  the  register,  or  certified  copy  thereof, 
and  check-list.  That  a  legal  voter  who  has  complied  with 
the  law  regarding  registration,  and  whose  business  may  take 
him  away  from  his  home  county  and  his  own  voting  pre- 
cinct on  election  day,  may  go  to  the  registry  agent  of  his 
precinct  and  have  issued  to  him  a  certificate  stating  his  resi- 
dence and  the  voting  precinct  wherein  he  is  duly  registered 
and  entitled  to  vote,  together  with  all  necessary  informa- 
tion that  would  safeguard  the  use  of  such  certificate.  Said 
certificate  to  also  have  blanks  for  filling  out  by  the  election 
board  to  whom  presented,  together  with  the  holder's  sworn 
statement  that  he  is  one  and  the  same  person  to  whom  such 
certificate  was  issued.  Upon  presentation  of  such  certificate, 
properly  issued  and  sworn  to,  the  election  board  to  whom  such 
voter  presents  said  certificate,  shall  issue  to  said  voter  a  short 
ballot  from  which  all  legislative,  district  and  county  officers 


14  REGISTRATION 

shall  be  left  off.  A  quantity  of  such  short  ballots  to  be  issued 
to  one  central  voting  precinct  in  each  town  or  city  of  500 
population  or  over.  These  ballots  to  be  counted  in  the  voting 
precinct  where  cast,  but  the  election  board  shall  take  up  such 
certificate  when  a  ballot  is  issued  to  the  holder  thereof,  to  be 
returned  to  the  registry  agent  who  issued  same,  in  order  to 
prevent  fraudulent  repeating.  This  provision  to  apply  only^, 
to  national  and  state  eleotions.  M 

Oath  of  Registry  Agents. 

Sec.  16.  Before  entering  upon  the  duties  prescribed  in 
this  act,  the  registry  agents  (excepting  justices  of  the  peace 
who  have  been  duly  qualified)  shall  severally  take,  subscribe 
before  an  officer  duly  authorized  to  administer  oaths  the  fol- 
lowing oath  or  affirmation,  which  shall  be  filed  in  this  officii 
of  the  county  clerk  of  their  respective  counties,  to  wit:       ^| 

I, ,  registry  agent  for  election  districts 

numbers and ,  in  the  county  of ,  and  State  of 

Nevada,  do  solemnly  swear  (or  affirm)  that  I  will  perform 
all  the  duties  of  registry  agent  in  and  for  said  election  dis- 
tricts according  to  law  and  the  best  of  my  ability,  and  that 
in  the  discharge  of  my  duties  as  such  registry  agent  I  will 
honestty  endeavor  to  prevent  fraud,  deceit,  or  any  other 
manner  of  abuse  of  the  elective  franchise,  so  help  me  God  (oj 
under  the  pains  and  penalties  of  perjury). 

Compensation  of  Registry  Agents. 

Sec.  17.  The  several  registry  agents  shall  be  entitled  t( 
receive,  as  full  compensation  for  all  services  rendered  by 
them  under  the  provisions  of  this  act  the  sum  of  twenty-fivj 
cents  for  each  name  by  them  legally  registered  in  each  elecf 
oral  year,  which  shall  be  a  valid  claim  against  their  respecl 
ive  counties;  and  their  accounts  shall  be  made  out  so  as 
clearly  show  the  number  of  names  by  them  severally  regis- 
tered during  the  electoral  year,  and  sworn  to  and  filed  witl 
the  board  of  county  commissioners  of  their  respective  coui 
ties;  and  said  claims,  together  with  all  other  just  and  ref 
sonable  demands  of  other  persons  for  books,  advertising  and 
printing,  necessarily  incurred  in  carrying  out  the  requir^j 
ments  of  this  act,  shall  be  audited  and  paid  out  of  the  countjBI 
funds  of  the  several  counties  as  other  county  charges;  pro- 
vided, that  the  expenses  incurred  in  publishing  the  notices 
and  printing  the  lists  of  electors  prior  to  any  municipal 
election  shall  be  charged  against  and  shall  be  paid  by  the 
corporate  authorities  of  the  municipality  holding  such  elec- 
tion. 

Registry  Agents  to  File  Complete  List  of  Voters  With  County 

Clerk. 

Sec.  18.     It  shall  be  the  duty  of  each  and  every  registry 

agent,  before  receiving  pay  for  his  services  as  such,  to  send 

the  county  clerk  of  the  county  wherein  he  is  serving,  a  full 


3r 

1 

ov 

i 

IS-    ' 


REGISTRATION  15 

and  complete  list  of  the  registered  voters  in  his  precinct, 
with  their  ages  and  postoffice  address. 

County  Clerk  to  Forthwith  Certify  Said  Lists  hy  Precincts 

to  Secretary  of  State. 

I      Sec.  19.     It  shall  be  the  duty  of  each  and  every  count}^ 

i  clerk  throughout  the  state  upon  receiving  the  said  list  of 

I  registered  voters  from  the  different  registry  agents  of  the 

different  precincts  in  each  county,  to  furnish  forthwith  a 

certified   copy  of  said  registry  list,   containing  the  names 

and  postoffice  address  of  the  said  registered  voters  in  each 

and  every  county,  by  precincts,  to  the  secretary  of  state, 

who  shall  upon  receipt  file  the  same  in  his  office. 

Death  of  Registry  Agent — Duties  of  County  Commissioners. 
Sec.  20.  It  shall  be  the  duty  of  the  chairman  of  the  board 
of  county  commissioners  of  any  county  in  this  state,  upon 
receiving  notice  from  any  responsible  citizen  of  the  death 
or  resignation  of  any  registry  agent  in  his  county  after  the 
opening  and  prior  to  the  closing  of  the  books  of  registra- 
tion, to  immediately,  without  giving  notice,  appoint  some 
competent  person  to  fill  such  vacancy. 

Must  Qualify. 

Sec.  21.  It  shall  be  the  duty  of  such  person  so  appointed 
to  qualify  within  two  days  after  receiving  notice  of  such 
appointment. 

Voters  May  Register  Elsewhere  in  County. 

Sec.  22.  In  case  of  the  failure  of  such  persons  so 
lappointed  to  qualify  within  time  herein  provided,  voters 
may,  upon  producing  evidence  as  to  their  right  to  vote,  be 
registered  at  any  other  precinct  in  said  county. 

Legal  Voter,  When  Considered. 

Sec.  23.  Any  person  so  registered  shall,  upon  presenta- 
tion and  surrender  of  a  certificate  of  registration,  signed  by 
the  registry  agent  of  said  precinct,  be  considered  a  legal 
voter  in  any  precinct  of  said  county. 

Name  Must  Be  on  List. 

Sec.  24.  No  person  shall  be  entitled  to  vote  at  any  elec- 
tion mentioned  in  this  act  unless  his  name  shall,  on  the  day 
of  election,  appear  in  the  "check-list"  furnished  by  the  reg- 
istry agent  to  the  inspector  of  election  of  the  election  dis- 
trict at  which  he  offers  to  vote;  and  the  fact  that  his  name 
30  appears  in  the  "check-list,"  and  in  the  copy  of  the  official 
register  in  the  possession  of  the  inspectors  of  election,  shall 
be  prima  facie  evidence  of  his  right  to  vote;  provided,  that 
when  the  inspectors  of  election  shall  have  good  reason  to 
believe,  or  when  they  shall  be  informed  by  a  qualified  elector, 
that  the  person  offering  to  vote  is  not  the  person  who  was 
registered  in  that  name,  the  vote  of  such  person  shall  not  be 
received  until  he  shall  have  proved  his  identity  as  the  per- 
son who  was  registered  in  that  name. 


16  REGISTRATION 

Fraudulent  Voting  a  Felony. 

Sec.  25.  Any  person  who  shall  vote  at  any  election  men- 
tioned in  this  act,  who  shall  not  be  a  qualified  elector,  or 
any  person  who,  being  a  qualified  elector,  shall  vote,  or  offer 
to  vote,  in  the  name  of  any  other  registered  elector,  shall  be 
deemed  guilty  of  a  felony,  and  on  conviction  thereof  before 
any  court  of  competent  jurisdiction,  shall  be  punished  by 
imprisonment  in  the  state  prison  for  not  less  than  one  nor 
more  than  three  years;  and  any  person  who  shall  wilfully 
cause,  or  endeavor  to  cause,  his  name  to  be  registered  in  any 
other  election  district  than  that  in  which  he  resides,  or  will 
reside  prior  to  the  day  of  the  next  ensuing  election ;  and  any 
person  who  shall  cause,  or  endeavor  to  cause,  his  name  to 
be  registered,  knowing  that  he  is  not  a  qualified  elector,  or 
will  not  be  a  qualified  elector  on  or  before  the  day  of  the 
next  ensuing  election,  in  the  election  district  in  which  he 
causes  or  endeavors  to  cause  such  registry  to  be  made;  and 
any  other  person  who  shall  induce,  aid  or  abet  any  such  per- 
son in  the  commission  of  either  of  such  acts  in  this  section 
enumerated  and  described,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and,  upon  conviction  thereof  before  any  court  of 
competent  jurisdiction,  shall  be  punished  by  a  fine  of  not 
less  than  fifty  dollars  nor  more  than  five  hundred  dollars, 
or  by  confinement  in  the  county  jail  for  not  less  than  one 
month  nor  more  than  six  months,  or  both  such  fine  and 
imprisonment,  in  the  discretion  of  the  court. 

Perjury,  and  Penalty  for. 

Sec.  26.  All  wilful,  corrupt  and  false  swearing  or  affirm- 
ing before  any  registry  agent  shall  be  deemed  perjury,  and 
on  conviction  shall  be  punished  as  such.  If  any  registry 
agent,  or  any  other  person  in  any  manner  concerned,  shall 
wilfully  and  corruptly  violate  any  of  the  provisions  of  this 
act,  the  penalty  for  which  is  not  herein  specifically  pre- 
scribed, he  shall  be  punished  for  each  and  every  offense 
whereof  he  shall  be  convicted,  by  imprisonment  in  the  state 
prison  for  a  term  not  less  than  one  year  nor  more  than  five 
years,  or  by  fine  of  not  less  than  one  hundred  nor  more  than 
one  thousand  dollars,  or  both  such  fine  and  imprisonment,  in 
the  discretion  of  the  court. 

Sec.  27.  The  provisions  of  section  28  to  33  of  this  act 
sh^ll  apply  only  to  the  registration  of  electors  in  any  incor- 
porated city  within  this  state  polling  more  than  2,000  votes 
at  the  last  preceding  general  election,  and  are  intended  to  be 
supplemental  to  the  preceding  sections  of  this  act  providing 
for  the  registration  of  the  names  of  electors. 

Sec.  28.  The  county  commissioners  of  the  several  coun- 
ties shall  provide  for  the  registry  agents,  as  now  constituted 
by  law,  in  their  respective  counties,  when  and  where  required 
all  proper  and  necessary  books  and  stationery  to  carry  out 
the  provisions  of  this  act.    They  shall  furnish  to  each  registry 


REGISTRATION  17 

agent  whose  duty  it  is  to  register  the  electors  in  any  incor- 
porated city  within  this  state,  polling  more  than  two  thou- 
sand votes  at  the  last  preceding  general  election,  a  book  to 
1)6  known  as  the  "Official  Register,"  which  shall  be  ruled  in 
columns  of  suitable  dimensions  to  provide  for  the  following 
entries  opposite  the  name  of  each  elector,  to  wit : 

First — Number  on  the  register. 

Second — Date  of  registry. 

Third — Name  of  elector. 

Fourth — Age  of  elector. 

Fifth— Where  born. 

Sixth — Number  of  ward  or  name  of  electoral  district. 

Seventh — Description  of  residence. 

Eighth — Certificate  of  naturalization  exhibited. 

Ninth — Signature  of  the  elector. 

Tenth — Number  of  identification  statement. 

Eleventh — Politics  of  the  elector. 

Each  column  shall  be  so  marked  by  printed  or  written 
words  at  the  top  thereof  on  each  page  of  such  official  register 
as  to  indicate  the  nature  of  the  entries  to  be  made  therein. 
Such  official  register  shall  be  in  such  number  of  volumes  as 
shall  equal  the  number  of  voting  or  polling  places  in  such 
incorporated  city. 

Signature  of  Elector — Questions  To  Be  Answered  hy  Elector 
Unable  to  Write. 

Sec.  29.  In  registering  electors  in  any  such  incorporated 
city  as  mentioned  in  section  1  of  this  act,  it  shall  be  the  duty 
of  the  registry  agent  to  make  the  appropriate  entries  in  each 
column  of  such  official  register,  except  in  the  ninth  column, 
and  in  said  ninth  column  it  shall  be  the  duty  of  the  registry 
agent  to  procure  from  the  elector  his  signature  by  having  the 
elector  sign  therein  his  name  in  ink  or  indelible  pencil;  and 
the  elector  shall,  with  his  own  hand  and  without  assistance, 
using  an  indelible  pencil  or  ink,  sign  his  name;  provided, 
that  if  the  elector  alleges  his  inability  so  to  sign,  the  registry 
agent  shall  read  to  the  elector  the  following  questions  from 
a  book  furnished  by  the  county  commissioners  and  to  be 
known  as  "Identification  Statements  for  Registration  Day," 
and  said  registry  agent  shall  write  down  in  said  book  the 
answers  of  the  elector  to  said  questions,  each  answer  being 
written  after  the  question  to  which  it  is  an  answer.  Said 
questions  so  read  shall  be  the  following : 

What  is  your  name? 

What  is  or  was  your  father's  full  name? 

What  is  or  was  your  mother's  full  name? 

What  is  your  occupation? 

What  is  the  name  of  your  present  employer? 

If  unemployed,  what  is  the  name  of  your  last  employer  ? 

Where  is  or  was  his  place  of  business  ? 

Are  3^ou  married  or  single? 


18  REGISTRATION 

Where  did  you  actually  reside  prior  to  taking  up  your 
present  residence? 

At  the  bottom  of  each  list  of  questions  shall  be  printed 
the  following  statement :  "  I  certify  that  I  have  read  to  the 
above-named  elector  each  of  the  foregoing  questions  and 
that  I  have  truly  recorded  his  answers  as  above  to  each  of 
said  questions,"  and  said  registry  agent,  who  has  made  the 
above  record,  shall  forthwith  sign  his  name  to  said  certificate 
and  date  same. 

The  above  questions  shall  be  printed  on  separate  sheets  of 
paper  which  shall  be  furnished  said  registry  agent,  bound 
together  in  book  form  and  numbered  consecutively,  and  the 
number  corresponding  to  the  number  on  each  sheet,  contain- 
ing said  list  of  questions  shall  be  entered,  when  questions 
have  been  answered,  in  the  tenth  column  in  the  official  reg- 
ister of  electors.  Said  book  of  identification  statements  shall 
be  kept  at  all  times  by  the  registration  agent  or  other  proper 
officer  or  officers  with  the  said  official  register. 

Questions  and  Answers  Transmitted  to  Election  Board. 

Sec.  30.  Each  of  said  registration  agents  shall  cause 
such  registration  of  electors  and  said  questions  of  electors 
and  said  questions  for  identification  to  be  so  kept  that  the 
same  shall  be  in  form  to  be  transmitted  to  the  inspectors  of 
elections,  and  all  the  electors  registering  shall  be  classified 
according  to  the  polling  or  voting  places  at  which  they  are 
each  respectively  entitled  to  vote,  and  all  electors  entitled  to 
vote  at  any  particular  polling  place  in  the  same  book,  or 
have  the  questions  put  to  them  recorded  in  one  book  or 
bound  together  in  such  manner  as  the  registry  agent  shall 
determine,  and  no  electors  entitled  to  vote  at  different  polling 
places  shall  be  registered  in  the  same  book.  And  no  change 
shall  be  made  in  polling  places  which  in  any  wise  interferes 
with  the  purposes  of  this  act. 

Original  Official  Register  Delivered  to  Election  Board. 

Sec.  31.  In  addition  to  the  books  now  required  by  law  to 
be  delivered  by  registry  agents  to  the  inspector  or  inspectors 
of  elections,  the  registry  agent  shall  deliver  not  later  than 
the  day  preceding  that  on  which  the  election  is  to  be  held, 
to  some  one  of  the  inspectors  of  election  in  each  polling  or 
voting  place  in  any  such  incorporated  city,  the  original 
official  register  containing  the  names  and  original  signatures 
of  all  electors  registered  and  entitled  to  vote  at  such  polling 
place,  together  with  the  original  or  true  copies  of  the  identi- 
fication statements  for  all  electors  entitled  to  vote  at  such 
polling  place,  if  any  there  be. 

Oath  to  Sivear  In  Vote,  When. 

Sec.  32.  If  any  elector  registered  under  the  provisions 
of  this  act  shall  transfer  to  any  other  incorporated  city 
mentioned  in  section  1  thereof,  or  if  any  duly  registered 
elector  shall  transfer  to  any  such  incorporated  city,  after  the 


REGISTRATION  19 

closing  of  registration,  and  shall  demand  his  right  to  vote 
at  the  election  and  shall,  by  reason  of  such  transfer,  not  be 
able  to  be  indentified  thereat  by  his  signature  taken  at  the 
time  of  registering  as  provided  in  this  act,  or  by  said  identi- 
fication statements,  he  shall,  if  his  right  to  vote  be  challenged 
or  questioned,  before  being  given  a  ballot,  prove  to  the  satis- 
faction of  the  inspector  or  inspectors  of  election,  by  the  oath 
of  two  qualified  electors,  that  he  is  the  same  person  who  so 
registered  in  said  other  voting  precinct  and  has  been  trans- 
ferred and  is  mentioned  in  said  certificate  of  transfer,  which 
oath  shall  be  reduced  to  writing  and  by  the  elector  subscribed 
and  sworn  to  before  one  of  the  inspectors  of  election,  who 
shall  also  sign  his  name  thereto  in  a  book  to  be  known  as 
the  "Transfer  Book,"  which  shall  be  kept  in  the  same  man- 
ner as  the  other  election  books. 

Signature  of  Voter  at  Polls,  When — Identification  Certificate. 
Sec.  33.  At  any  and  all  elections  hereafter  to  be  held  in 
any  such  incorporated  city,  if  any  person  except  as  provided 
by  section  5  demanding  his  right  to  vote  shall  be  challenged, 
or  his  right  to  vote  be  questioned,  he  shall,  before  receiving 
a  ballot,  sign  his  name  by  his  own  hand  and  without  assist- 
ance, using  an  indelible  pencil  or  ink,  in  a  book  provided  by 
the  inspectors  of  elections  and  to  be  known  as  the  "  Signature 
Book"  and  to  be  so  labeled  in  printed  or  written  words  in  ink, 
together  with  the  name  and  description  of  the  polling  place. 
If  the  elector  on  election  day  alleges  his  inability  to  so  sign, 
then  one  of  the  election  clerks,  to  be  designated  by  the  chair- 
man of  the  election  board  or  chairman  of  the  inspectors  of 
elections,  if  there  be  a  chairman,  if  not  then  by  any  inspector 
of  elections  for  such  polling  place,  shall  read  the  same  list 
of  questions  to  the  elector  as  were  required  to  be  read  at  the 
time  of  registration  from  a  book  to  be  provided  for  election 
day,  and  be  known  as  "Identification  certificates  for  elec- 
tion day,"  and  said  clerk  shall  write  the  answers  of  the 
elector  thereto.  Each  of  these  questions  shall  be  numbered, 
and  a  number  corresponding  to  the  number  on  the  statement 
sheet  shall  be  entered  opposite  the  name  of  the  elector  in 
the  index  book  now  provided  for  by  law.  The  questions 
answered  on  registration  day  by  the  elector  shall  not  be 
turned  to  until  all  the  answers  to  said  questions  shall  have 
been  written  down  on  election  day  by  said  election  clerk. 
Any  person  who  shall  prompt  a  voter  in  answering  any 
questions  provided  for  in  this  act  shall  be  guilty  of  a  fel- 
ony, and  upon  conviction  shall  be  imprisoned  in  the  peniten- 
tiary for  not  more  than  two  years.  At  the  bottom  of  each 
list  of  questions  provided  to  be  asked  an  elector  on  election 
day  shall  be  printed  or  written  the  following  statement :  "  I 
certify  that  I  have  read  to  the  above-named  elector  each  of 
the  foregoing  questions  and  that  I  have  truly  recorded  his 
answers  as  above  to  each  of  said  questions,"  and  said  election 


20  PRIMARY  ELECTIONS 

clerk  who  has  made  the  said  record  shall  sign  his  name 
to  the  said  certificates  and  date  the  same,  and  note  the  time 
of  day  of  making  such  record.  The  comparison  of  signa- 
tures of  an  elector  made  on  registration  and  election  days, 
or  the  comparison  of  the  answers  made  by  an  elector  on 
registration  and  election  days  shall  be  had  in  full  view  of 
watchers,  and  the  right  to  challenge  electors  shall  exist  until 
the  ballot  shall  have  been  deposited  in  the  ballot  box.  If  the 
signatures  or  answers,  as  the  case  may  be,  made  upon  regis- 
tration day  do  not  correspond,  in  the  judgment  of  a  majority 
of  the  inspectors  of  elections,  then  the  person  so  offering  to 
vote  shall  not  be  entitled  to  a  ballot.  And  that  shall  be  the 
only  test  as  to  whether  the  person  offering  to  vote  is  the 
same  person  who  registered  under  the  name  offered  to  be 
voted  by  such  person  so  offering  to  vote.  No  other  identifica- 
tion of  electors  shall  be  necessary  nor  permitted. 

Chapter  3 — Primary  Elections 

Words  Construed. 

Section  1.  The  words  and  phrases  in  this  act  shall,  unless 
such  construction  be  inconsistent  with  the  context,  be  con- 
strued as  follows : 

The  words  "primary  election,"  any  and  every  primary 
nominating  election  provided  for  by  this  act. 

The  words  "September  primary  election,"  the  primary 
election  held  in  September  to  nominate  candidates  to  be 
voted  for  at  the  ensuing  November  election. 

The  word  "election,"  a  general  or  city,  or  city  and  county 
election,  as  distinguished  from  a  primary  election. 

The  words  "November  election,"  the  presidential  election, 
the  general  state  election,  district,  county,  township,  or  city 
and  county  election  held  in  November. 

This  statute  shall  be  liberally  construed,  so  that  the  real 
will  of  the  electors  shall  not  be  defeated  by  any  informality 
or  failure  to  comply  with  all  provisions  of  law  in  respect  to 
either  the  giving  of  any  notice  or  the  conducting  of  the  pri- 
mary elections  or  certifying  the  results  thereof. 

Nominations,  How  Made. 

Sec.  2.  All  candidates  for  elective  public  offices  shall  be 
nominated  as  follows: 

1.  By  direct  vote  at  primary  elections  held  in  accordance 
with  the  provisions  of  this  act ;  or 

2.  By  nominating  petitions  signed  and  filed  as  provided 
by  existing  laws.  Party  candidates  for  the  office  of  United 
States  senator  shall  be  nominated  in  the  manner  provided 
herein  for  the  nomination  of  candidates  for  state  offices. 

This  act  shall  not  apply  to  special  elections  to  fill  vacancies, 
to  the  nomination  of  party  candidates  for  presidential  elect- 
ors, nor  to  the  nomination  of  officers  of  the  incorporated 


•  PRIMARY  ELECTIONS  21 

cities,  whose  charters  or  ordinances  now  or  may  hereafter 
])rovide  a  system  for  nominating  candidates  for  such  offices, 
nor  to  the  nomination  of  officers  for  reclamation  and  irriga- 
lion  districts;  nor  to  school  district  officers  or  "school  trustees; 
nor  shall  it  be  construed  as  restricting  or  affecting  the  right 
of  political  parties  to  hold,  under  existing  laws,  which  are 
liereby  continued  in  force  for  all  such  purposes,  primaries 
and  conventions  for  the  selection  of  delegates  to  national 
conventions. 

September  Primary  Election. 

Sec.  3.  The  September  primary  election  shall  be  held  in 
each  precinct  on  the  first  Tuesday  in  September  for  the 
nomination  of  all  candidates  to  be  voted  for  at  the  ensuing 
November  election.  Any  primary  election  other  than  the 
September  primary  election  shall  be  held  on  Tuesday  three 
weeks  next  preceding  the  election  for  which  such  primary 
<4ection  is  held. 

Duties  of  Secretary  of  State  and  County  or  City  Clerks. 

Sec.  4.  1.  At  least  sixty  days  before  the  time  for  holding 
such  September  primary  election  in  1914,  and  biennially 
thereafter,  the  secretary  of  state  shall  prepare  and  transmit 
to  each  county  clerk  and  to  the  city  clerk  in  any  city  a  notice 
in  writing  designating  the  offices  for  which  candidates  are 
to  be  nominated  at  such  primary  election. 

2.  Within  ten  days  after  receipt  of  such  notice  such 
county  clerk  or  city  clerk  in  any  city  shall  publish  so  much 
thereof  as  may  be  applicable  to  his  county  once  in  each  week 
for  three  successive  weeks,  in  one  newspaper  published  in 
such  county  or  city  and  county. 

13.  In  the  case  of  September  primary  elections  for  the 
nomination  of  candidates  for  city  or  city  and  county  officers 
to  be  voted  for  at  the  November  election  in  the  odd-num- 
bered years,  the  city  clerk  or  secretary  of  the  legislative  body 
in  any  such  city  shall  cause  the  publication  of  notice  of  such 
primary  election,  together  with  a  complete  statement  of  the 
offices  for  which  candidates  are  to  be  nominated,  once  in 
each  week  for  three  successive  weeks  in  one  newspaper  of 
general  circulation  published  in  such  city  and  county,  the 
last  publication  to  be  made  not  more  than  forty  and  not  less 
than  fourteen  days  before  such  primary  election. 

Other  Primary  Elections. 

4.  In  the  case  of  primary  elections  other  than  the  Sep- 
tember primary  elections  the  city  clerk  or  secretary  of  the 
legislative  body  of  the  political  subdivision  for  which  such 
primary  election  shall  be  held  shall  cause  one  publication  of 
such  notice  to  be  given,  such  publication  and  posting  to  be 
not  more  than  forty  and  not  less  than  fourteen  days  before 
such  primary  election. 


22  PRIMARY  ELECTIONS 

Notice  To  Be  Posted  Fifteen  Days  Previous  to  Election 
Day — Special  Election,  Eight  Days. 
Sec.  5.  The  respective  registry  agents,  to  whom  such 
notice  shall  be  delivered,  shall  put  up  in  three  of  the  most 
public  places  of  each  precinct  the  notices  referring  to  such 
precincts  at  least  fifteen  days  previous  to  the  time  of  holding 
any  general  election,  and  at  least  eight  days  previous  to  the 
time  of  holding  any  special  election;  one  of  said  notices  to 
be  posted  at  the  house  where  the  election  is  authorized  to  be 
held,  and  the  others  at  two  of  the  most  public  and  suitable 
places  in  the  precinct. 

Time  in  Which  County  Clerks  Shall  Deliver  to  Registry 
Agents  Notices  of  Election. 

Sec.  6.  The  several  boards  of  county  commissioners  shall 
cause  their  clerks  at  least  twenty  (20)  days  before  any  gen- 
eral election  and  at  least  fourteen  (14)  days  before  any 
special  election  to  make  out,  and  send  by  mail  to  the  respect- 
ive registry  agents  of  their  county,  three  (3)  written  or 
printed  notices  for  the  election,  to  be,  as  nearly  as  circum- 
stances will  admit,  as  follows : 

Notice  is  hereby  given  that  on  the  first  Tuesday,  the 

day  of next,  at  the  house  of (in  city,  town, 

district  or  precinct)  of ,  in  the  county  of , 

an  election  will  be  held  for  state,  county,  district,  town  or 
township  officers  (naming  the  offices  to  be  filled,  as  the  case 
may  be),  which  election  shall  be  opened  not  later  than  8 
o'clock  a.  m.,  shall  continue  until  6  o'clock  p.  m.  of  the 

same  day.    Dated  this day  of ,  A.  D 

(Signed)     A.  B.,  clerk  of  the  board  of  county  commissioners. 

Nomination  Paper  Filed  Thirty  Days  Before  September  Pri- 
mary Election — Fourteen  Days  in  Other  Primaries. 
Sec.  7.  a.  The  name  of  no  candidate  shall  be  printed  on 
an  official  ballot  used  at  any  primary  election  unless,  at 
least  thirty  days  prior  to  the  primary  election,  if  the  candi- 
date is  to  be  voted  for  at  the  September  primary  election, 
and  at  least  fourteen  days  prior  to  the  primary  election 
other  than  the  September  primary  election,  he  shall  file  a 
nomination  paper  with  the  proper  official  as  hereinafter  pro- 
vided by  this  act,  such  nomination  paper  to  be  under  oath 
and  in  substantially  the  following  form : 

Nomination  Paper  of ,  for  the  office  of 

State  of  Nevada,  county  of ,  ss. 

For  the  purpose  of  having  my  name  placed  on  the  official 
primary  election  ballot  as  a  candidate  for  nomination  by 

the party  as  its  candidate  for  the  office  of \, 

I,  the  undersigned  ,  do  solemnly  swear  (or  affirm) 

that  I  reside  at  No ,  street,  in  the  city  (or  town)  of 

--,  county  of State  of  Nevada,  and  that  I  am  a 

qualified  elector  of  the  election  precinct  in  which  I  reside; 


PRIMARY  ELECTIONS  23 

that  I  am  a  member  of  the party,  that  I  believe  in 

and  intend  to  support  the  principles  and  policies  of  such 
political  party  in  the  coming  election;  that  I  affiliated  with 
such  party  at  the  last  general  election  of  this  state  and 
I  voted  for  a  majority  of  the  candidates  of  such  party  at 
the  last  general  election  (or  did  not  vote  at  such  general 
election,  giving  reasons)  ;  that  I  intend  to  vote  for  a  majority 
of  the  candidates  of  said  party,  at  the  ensuing  election  for 
which  I  seek  to  be  a  candidate;  that  if  nominated  as  a  can- 
didate of  said  party  at  said  ensuing  election  I  will 

accept  such  nomination  and  not  withdraw;  that  I  will  not 
knowingly  violate  any  election  law  or  any  law  defining  and 
prohibiting  corrupt  and  fraudulent  practice  in  campaigns 
and  elections  in  this  state;  and  that  I  will  qualify  for  said 
office  if  elected  thereto. 

(Signature  of  candidate  for  office.) 

Subscribed  and  sworn  to  before  me  this day  of , 

19-—,  notary  public  (or  other  officer  authorized  to 

administer  an  oath). 

b.  In  the  case  of  an  elector  seeking  a  nomination  for  the 
office  of  state  senator  or  member  of  the  assembly,  he  may 
include  with  his  affidavit  one  of  the  two  statements  herein- 
after set  forth  in  this  section  and  subdivision.  His  failure 
to  include  either  such  statement  shall  not  be  a  valid  ground 
for  refusal  to  receive  and  file  his  nomination  paper  or 
papers  by  the  secretary  of  state,  county  clerk  or  register  of 
voters  in  any  city  and  county  as  the  case  may  be.  Such 
statements,  if  any  be  made,  shall  be  in  substantially  the  fol- 
lowing form : 

I  further  declare  to  the  people  of  Nevada,  and  to  the  peo- 
ple of  (senatorial  or  assembly)  district,  that  dur- 
ing my  term  of  office,  without  regard  to  my  individual  pref- 
erence, I  will  always  vote  for  that  candidate  for  United 
States  senator  in  congress  who  has  received  for  that  office 
the  highest  number  of  the  people's  votes  for  that  position  at 
the  general  election  next  preceding  the  election  of  a  senator 
in  congress. 

(Signature  of  candidate  for  nomination.) 

If  the  candidate  be  unwilling  to  sign  the  above  statement, 
he  may  sign  the  following  declaration,  which  shall  be  filed 
with  his  nomination  paper : 

I  further  declare  to  the  people  of  Nevada,  and  to  the  peo- 
ple of  the  (senatorial  or  assembly)  district,  that 

during  my  term  of  office  I  shall  consider  the  vote  of  the  peo- 
ple at  any  primary  election  for  United  States  senator  as 
nothing  more  than  a  recommendation,  which  I  shall  be  at 
liberty  wholly  to  disregard  as  I  see  fit. 

(Signature  of  candidate  for  nomination.) 

c.  Nothing  herein  shall  be  construed  as  prohibiting  the 
independent  nomination  of  candidates  to  be  voted  for  at 
any  general  election,  by  electors  or  bodies  of  electors,  as  now 


24  PRIMARY  ELECTIONS 


^ 


provided  by  law,  but  a  candidate  defeated  at  a  primary 
election  held  under  the  provisions  of  this  act  shall  be  inel- 
igible for  nomination  to  the  same  office  at  the  same  election. 

Nominations,  Where  Filed. 

Sec.  8.  All  nomination  papers  provided  for  by  this  act 
shall  be  filed  as  follows : 

1.  For  state  officers,  United  States  senators,  representative 
in  congress  and  all  officers  voted  for  in  districts  comprising 
more  than  one  county,  in  the  office  of  the  secretary  of  state. 

2.  For  officers  to  be  voted  for  wholly  within  one  county, 
city,  town  or  township,  in  the  office  of  the  county  clerk  of 
such  county. 

3.  For  city  officers,  in  the  office  of  the  city  clerk  or  secre- 
tary of  the  legislative  body  of  such  city  or  municipality. 

Fees  From  Candidates  at  Primary  Elections. 

Sec.  9.  Any  candidate  filing  a  nomination  paper  as  pro- 
vided in  section  5a,  with  the  proper  officer  as  provided  in 
section  6  shall  pay  to  such  officer  a  fee  for  such  filing  as  fol- 
lows: 

If  a  candidate  for  nomination  for  any  state  office,  or  any 
district  office  voted  in  more  than  one  county,  or  representa- 
tive or  United  States  senator  in  congress,  one  hundred  dollars. 

If  a  candidate  for  any  district  office  voted  for  wholly  in 
one  county,  fifty  dollars. 

If  a  candidate  for  any  county  office,  twenty-five  dollars. 

If  a  candidate  for  state  senator,  twenty-five  dollars. 

If  a  candidate  for  assemblyman,  fifteen  dollars. 

If  a  candidate  for  justice  of  the  peace,  constable  or  other 
town  or  township  office,  ten  dollars. 

No  filing  fee  shall  be  required  from  a  candidate  for  an 
office  the  holder  of  which  receives  no  compensation. 

Fees,  How  Disposed  Of. 

Sec.  10.  The  county  clerk  shall  immediately  pay  to  the 
county  treasurer  all  fees  received  from  candidates.  The  city 
clerk  or  secretary  of  the  legislative  body  of  any  municipality 
shall  immediately  pay  to  the  city  treasurer  all  fees  received 
from  candidates.  Immediately  after  the  last  day  for  filing 
nomination  papers  the  secretary  of  state  shall  pay  to  the 
state  treasurer  all  fees  received  from  candidates,  and  shall 
apportion  the  fees  paid  to  him  by  each  candidate  equally 
among  the  counties  within  which  such  candidate  is  to  be 
voted  for  and  certify  such  apportionment  to  the  state  con- 
troller, who  shall  issue  warrants  on  the  state  treasurer  for 
the  amount  due  each  county  and  the  state  treasurer  shall  pay 
the  same. 

All  Ballots,  etc.,  Paid  for  From  Public  Treasuries. 

Sec.  11.  The  expense  of  providing  all  ballots,  blanks  and 
other  supplies  to  be  used  at  any  primary  election  provided 
for  by  this  act,  and  all  expenses  necessarily  incurred  in  the 


I 


PRIMARY  ELECTIONS  25 

preparation  for  or  the  conduct  of  such  primary  election, 
shall  be  paid  out  of  the  treasury  of  the  city,  town  or  town- 
ship, county  or  state,  as  the  case  may  be,  in  the  same  man- 
ner, with  like  effect  and  by  the  same  officers  as  in  the  case  of 
an  election. 

Secretary  of  State  to  Certify  Nominations — County  Clerks 
to  Publish  Nomination  and  Notice  of  Primary  Elections. 
Sec.  12.  At  least  twenty-five  days  before  any  September 
primary  election  preceding  a  November  election  the  secretary 
of  state  shall  transmit  to  each  county  clerk  of  any  county  a 
certified  list  containing  the  names  and  postoffice  address  of 
each  person  for  whom  nomination  papers  have  been  filed  in 
the  office  of  such  secretary  of  state  and  who  is  entitled  to  be 
voted  for  in  such  county  at  such  primary  election,  together 
with  a  designation  of  the  office  for  which  such  person  is  a 
candidate  and  of  the  party  or  principle  he  represents.  Such 
county  clerk  shall  forthwith,  upon  receipt  thereof,  publish 
under  the  proper  party  designation  the  title  of  each  office, 
the  names  and  addresses  of  all  persons  for  whom  nomination 
papers  have  been  filed,  the  date  of  the  primary  election, 
the  hours  during  which  the  polls  will  be  open,  and  that  the 
primary  election  will  be  held  at  the  regular  polling  places 
in  each  precinct,  which  shall  be  particularly  designated.  It 
shall  be  the  duty  of  the  county  clerk  to  cause  such  publication 
to  be  made  once  a  week  for  two  successive  weeks  prior  to  said 
primary  election. 

Not  Published  in  More  Than  One  Paper. 

Sec.  13.  Every  publication  required  by  this  act  shall  be 
made  in  a  newspaper  of  general  circulation  published  in  such 
county  or  city  or  town  or  township. 

All  Parties  on  Separate  Tickets — Various  Regulations  as  to 
Ballots,  Size  of  Type — Instructions  to  Voters — Names 
of  Candidates  in  Alphabetical  Order — Form  of  Ballot. 

Sec.  14.  1.  All  voting  at  primary  elections  within  the 
meaning  of  this  act  shall  be  by  ballot,  and  the  respective 
tickets  of  all  political  parties  shall  be  printed  on  separate 
ballots. 

It  shall  be  the  duty  of  the  county  clerk  of  each  county  to 
provide  such  printed  official  ballots  to  be  used  at  any  Sep- 
tember primary  election  for  the  nomination  of  candidates  to 
be  voted  for  in  such  county,  town  or  township,  at  the  ensuing 
November  election. 

It  shall  be  the  duty  of  the  city  clerk  or  secretary  of  the 
legislative  body  of  any  municipality  to  provide  such  printed 
official  ballots  for  any  primary  election  other  than  the  Sep- 
tember primary  election. 

All  official  ballots  shall  be  printed  on  plain  white  paper. 
The  secretary  of  state  shall  furnish  the  paper  necessary  to 
print  said  ballots,  and  it  shall  be  the  duty  of  the  secretary  of 
state  to  obtain  and  keep  on  hand  a  sufficient  supply  of  such 


26  PRIMARY  ELECTIONS 

paper  for  ballots,  and  to  furnish  the  same  in  quantities 
ordered  to  any  county  clerk. 

Such  paper  shall  be  watermarked  with  a  design  furnished 
by  the  secretary  of  state  in  such  manner  that  the  said  water- 
mark shall  be  plainly  discernible  on  the  outside  of  such  bal- 
lot when  properly  folded,  and  such  design  shall  be  changed 
at  each  primary  election. 

2.  Official  primary  election  ballots  used  at  any  primary 
election  for  the  nomination  of  candidates  to  be  voted  for  at 
any  presidential  or  general  state  election  shall  not  be  less 
than  twelve  inches  wide,  and  enough  wider  to  conform  to 
the  requirements  of  the  following  provisions  of  this  section, 
and  as  long  as  the  herein  prescribed  captions,  headings,  party 
designations,  directions  to  voters,  and  lists  of  names  of  can- 
didates, properly  subdivided  according  to  the  several  offices 
to  be  nominated  for,  may  require;  and  no  official  primary 
election  ballot  shall  be  less  than  six  and  one-half  inches  wide. 

3.  Across  the  top  of  the  ballot  shall  be  printed  in  black- 
faced  capital  type,  not  smaller  than  forty-eight  point,  the 
words:    "Official  Primary  Election  Ballot." 

Beneath  this  shall  be  printed  in  not  smaller  than  eighteen- 
point  type  the  name  of  the  party,  and  beneath  this  the  name 
of  the  county  and  town,  or  township,  wherein  such  ballot  is 
to  be  used,  together  with  the  date  of  such  primary  election. 

In  the  case  of  official  primary  election  ballots  to  be  used  at 
any  primary  election  held  for  the  nomination  of  candidates 
other  than  those  to  be  voted  for  at  a  presidential  or  general 
state  election  the  words  "Official  Primary  Election  Ballot" 
shall  be  printed  thereon  in  heavy- faced  gothic  capital  type 
not  smaller  than  twenty-four  point. 

4.  At  least  three-eighths  of  an  inch  below  the  name  of  the 
county  and  town  or  township  as  aforesaid,  and  the  date  of 
the  primary  election,  shall  be  printed  in  ten-point  black-face 
type,  double-leaded,  the  following:  "Instructions  to  Voters." 

To  vote  for  a  candidate  of  the  party  you  have  designated, 
make  a  cross  (X)  in  the  square  at  the  right  of  the  name  of 
the  person  for  whom  you  desire  to  vote. 

5.  The  "Instructions  to  Voters"  shall  be  separated  from 
the  lists  of  candidates  thereof  and  the  designation  of  the 
several  offices  for  which  nominations  are  to  be  made  by  one 
light  and  one  heavy  line  or  rule. 

6.  The  names  of  the  candidates  for  each  office  shall  be 
grouped  in  alphabetical  order  according  to  the  surnames 
of  the  candidates  for  such  office  and  each  group  shall  be 
preceded  by  the  designation  of  the  office  for  which  the  can- 
didates seek  nomination  and  the  words  "Vote  for  one"  or 
"Vote  for  two"  or  more,  according  to  the  number  to  be  nom- 
inated. Such  designation  of  the  office  to  be  nominated  for 
and  of  the  number  of  candidates  to  be  nominated  shall  be 
printed  in  heavy-faced  gothic  type,  not  smaller  than  eight- 
point.     The  word  or  words  designating  the  office  shall  be 


PRIMARY  ELECTIONS  27 

printed  flush  with  the  left-hand  margin,  and  the  words 
"Vote  for  one"  or  "vote  for  two"  or  more,  as  the  case  may 
be,  shall  extend  to  the  extreme  right  of  the  column  and  over 
the  voting  square.  The  designation  of  the  office  and  the 
direction  for  voting  shall  be  separated  from  the  names  of 
the  candidates  by  a  light  line. 

7.  The  names  of  the  candidates  shall  be  printed  on  the 
ballot  in  gothic  capital  type  not  smaller  than  eight-point, 
between  light  lines  or  rules  three-eighths  of  an  inch  apart. 
To  the  right  of  the  names  of  the  candidates  shall  be  printed 
a  light  line  or  rule  so  as  to  form  a  voting  square  three- 
eighths  of  an  inch  square. 

Each  group  of  names  of  candidates  shall  be  separated 
from  the  succeeding  group  by  one  light  and  one  heavy  line 
or  rule. 

All  official  primary  ballots  shall  have  printed  on  the  back 
and  immediately  below  the  center  thereof  in  eighteen-point 
gothic  capital  type  the  words  "Official  Primary  Election 
Ballot,"  and  beneath  these  words  the  respective  counties  in 
which  each  ballot  is  to  be  voted. 

8.  All  voting  at  primary  elections  under  the  laws  of  this 
state  shall  by  ballot  and  the  respective  tickets  of  all  polit- 
ical parties  shall  be  printed  on  separate  ballots  and  the 
election  officers  shall  not  deliver  any  ballot  to  any  elector 
other  than  the  ballot  containing  the  ticket  of  the  party  to 
which  he  belongs,  as  shown  by  the  register. 

9.  Where  there  is  no  party  contest  for  any  office  the  name 
of  the  candidate  for  party  nomination  shall  be  omitted  from 
the  ballot  and  shall  be  certified  by  the  proper  officer  as  a 
nominee  of  his  party  for  such  office. 

10.  The  primary  election  ballot  shall  be  printed  in  the 
following  form  and  the  ballots  shall  be  bound,  numbered, 
and  perforated,  as  provided  in  the  Australian  ballot  law : 

[See  following  page.] 


28 


PRIMARY  ELECTIONS 


OS 


c/:: 


i  t 

S    0) 


U5 

o 


c<5 


00       Q 


M 


OQ 

2 


CQ 

o 

> 

o 

Eh 

o 

M 

o 

CQ 


DC 

< 
CL 

UJ 
> 

(f) 
(/) 
LU 
DC 

a 
o 

DC 
0- 


o 
a 

z 
I 
o 


IxJ 

o 

Q 

q: 
< 
I 
o 


PRIMARY  ELECTIONS  29 

Sample  Ballots  To  Be  on  Yellow  Paper — Submitted  to  County 
Chairman — County  Clerk  to  Correct  Errors  on  Ballot — 
City  Clerk's  Duties  in  Municipal  Primary. 

Sec.  15.  At  least  twenty  days  before  the  September  pri- 
mary election  each  city  clerk  or  county  clerk  in  any  city  or 
county  shall  prepare  sample  ballots  for  such  election,  plac- 
ing thereon  alphabetically,  according  to  surnames  under  the 
appropriate  title  of  each  office  the  same  as  hereinbefore 
described  for  the  official  ballot,  the  names  of  all  candidates 
for  whom  nomination  papers  have  been  duly  filed  with  him, 
or  have  been  certified  to  him  by  the  secretary  of  state,  to  be 
voted  for  at  the  primary  election  in  his  county  or  city  and 
county.  Such  sample  ballots  shall  be  printed  on  yellow 
paper,  and  be  conspicuously  marked  with  the  words  "Sample 
Ballot." 

Such  clerk  shall  forthwith  submit  a  copy  of  said  ballot  to 
the  chairman  of  the  county  committee  of  each  political  party 
represented  on  such  ballot  and  shall  mail  a  copy  to  each  can- 
didate for  whom  a  nomination  paper  has  been  filed  with  him, 
or  whose  name  has  been  certified  to  him  by  the  secretary  of 
state,  to  the  postoffice  address  as  given  in  such  nomination 
paper  or  certification,  and  shall  post  a  copy  of  said  sample 
ballot  in  a  conspicuous  place  in  his  office,  and  such  clerk 
shall  print  for  general  distribution  one  sample  ballot  for  each 
voter  in  each  precinct,  and  shall  distribute  said  sample  bal- 
lots not  less  than  ten  days  before  said  primary  election  by 
sending  said  sample  ballots  to  the  registration  agent  or  agents 
of  the  several  precincts  for  distribution. 

On  the  tenth  day  before  such  primary  election  the  county 
clerk  shall  correct  any  errors  or  omissions  in  the  ballot,  caus- 
ing same  to  be  printed  as  in  this  act  provided,  and  to  be 
distributed  as  provided  by  law,  except  that  the  number  of 
ballots  to  be  furnished  to  each  voting  precinct  shall  be  oppor- 
tioned  at  the  ratio  of  one  hundred  and  fifty  such  ballots  for 
each  one  hundred  voters  registered  in  each  precinct  for  each 
primary  election. 

In  the  case  of  primary  elections  for  the  nominations  of 
candidates  for  city  offices  it  shall  be  the  duty  of  the  city 
clerk  or  secretary  of  the  legislative  body  of  such  city  or 
municipality,  or  such  other  officer  charged  by  law  with  the 
duty  of  preparing  and  distributing  official  ballots  used  at 
elections  in  such  city  or  municipality,  to  prepare  and  dis- 
tribute the  sample  and  official  primary  election  ballots,  and 
so  far  as  applicable  and  not  otherwise  provided  herein  the 
provisions  of  this  act  shall  apply  to  the  nomination  of  all 
candidates  for  city  offices;  provided,  that  the  lists  of  candi- 
dates shall  be  posted  and  published  at  least  ten  days  prior 
to  such  primary  election  and  the  official  ballots  printed  at 
least  four  days  before  the  day  of  holding  such  primary  elec- 
tion. 


30  PRIMARY  ELECTIONS 

Primary  Election  Officers. 

Sec.  16.  The  officers  of  primary  elections  shall  be  the  sa 
as  provided  by  law  for  general  elections,  and  such  officers 
shall  receive  the  same  compensation  for  their  services  at  pri- 
mary elections  as  provided  by  law  for  general  elections.  It 
shall  be  the  duty  of  the  proper  officers  to  furnish  certified 
copies  of  the  official  register,  together  with  the  check-list  for 
election  district,  to  one  of  the  inspectors  of  election  as  now 
provided  by  law. 

Regular  Election  Laws  to  Govern — Fees  of  Registry  Agent. 

Sec.  17.  That  the  qualifications  and  regulations  of  voters 
at  primary  elections  shall  be  subject  to  the  same  tests  and 
governed  by  the  same  provisions  of  law  and  rules  and  regu- 
lations as  are  now  prescribed  by  law  for  other  elections,  and 
the  same  officers  who  prepare  and  furnish  registers  for  gen- 
eral elections  shall  prepare  and  furnish  them  for  use  at  pri- 
mary elections,  and  it  shall  be  the  duty  of  the  proper  officers 
to  furnish  a  certified  copy  of  the  register  and  supplements 
thereto,  for  use  at  primary  elections,  which  said  register  shall 
show  the  names  of  all  voters  entitled  to  vote  at  such  elections. 
Said  register  shall  be  made  by  taking  the  names  of  all  voters 
on  the  register  used  at  the  last  general  election  in  the  city, 
town  or  county,  together  with  supplemental  registers  or 
additions  showing  all  additional  registrations,  changes  and 
corrections  made  since  the  last  general  registration.  The  sup- 
plemental registers  to  be  made  as  follows :  All  persons  enti- 
tled to  register  or  vote  at  any  primary  election  in  any  town, 
city  or  county  whose  names  are  not  upon  the  register,  or  who 
may  be  entitled  to  transfer  their  registration,  shall  be  entitled 
to  be  registered  or  transferred  so  as  to  enable  them  to  vote 
at  such  primary  elections,  and  for  that  purpose  it  shall  be 
the  duty  of  the  officer  charged  with  the  registration  of  voters 
of  such  town,  city  or  county  to  keep  his  office  open  for  at  least 
fifty  days  prior  to  fifteen  days  immediately  preceding  such 
primary  election,  and  to  register  all  voters  entitled  to  vote 
at  such  primary  election.  Said  registry  agent  shall  be  paid 
a  reasonable  sum  for  copying  the  names  from  one  register  to 
another,  the  amount  to  be  fixed  by  the  county  commissioners 
of  the  county;  for  all  new  names  he  shall  be  paid  as  now 
allowed  by  law. 

Sec.  18.  Any  elector  desiring  to  vote  at  any  primary  elec- 
tion shall  give  his  name  and  address  to  the  ballot  clerk  who 
shall  immediately  announce  the  same,  but  no  ballot  shall  be 
delivered  to  any  elector  except  such  as  has  the  right  to 
vote  as  herein  provided ;  such  elector 's  right  to  vote  may  be 
challenged  by  any  elector  upon  any  of  the  grounds  now 
allowed  by  law  for  a  challenge  of  a  right  to  vote  at  any  gen- 
eral election,  and  upon  the  additional  grounds  that  such 
elector  has  not  registered,  or  his  narAe  does  not  appear  upon 
the  register  as  required  by  law,  or  that  he  does  not  belong  to 
the  political  party  designated' upon  the  register,  or  that  the 


PRIMARY  ELECTIONS  31 

register  does  not  show  that  he  designated  his  politics  or  the 
political  party  to  which  he  belongs.  All  challenges  shall  be 
disposed  of  in  the  same  manner  as  provided  by  law  for  gen- 
eral elections.  The  voter  shall  be  instructed,  if  necessary, 
by  a  member  of  the  board  as  to  the  proper  method  of  mark- 
ing and  folding  his  ballots  and  he  shall  then  retire  to  an 
unoccupied  booth  and  without  delay  stamp  the  same  with  a 
rubber  stamp  provided  for  that  purpose.  If  he  shall  spoil  or 
deface  a  ballot,  he  shall  at  once  return  the  same  to  the  ballot 
clerk  who  shall  cancel  the  same  and  deliver  to  him  another 
ballot. 

No  elector  shall  be  entitled  to  vote  at  primary  elections 
unless  he  has  heretofore  designated  to  the  registry  agents 
his  politics  or  political  party  to  which  he  belongs  and  has 
caused  to  be  entered  upon  the  register  by  such  registry  agents 
his  politics  or  the  political  party  to  which  he  belongs.  The 
provisions  of  this  section  shall  apply  to  all  registrations 
required  by  law. 

When  Ballot  Void — Manner  of  Marking  Ballot — Ballot  Not 
Rejected  for  Technical  Error. 

Sec.  19.  a.  The  voter  shall  designate  his  choice  on  the  bal- 
lot of  candidates  of  his  party  by  stamping  a  cross (X)  in  the 
small  square  opposite  the  name  of  each  candidate  for  whom 
he  desires  to  vote.  If  he  shall  stamp  more  names  than  there 
are  candidates  to  be  nominated  for  any  office,  or  if  for  any 
reason  it  is  impossible  to  determine  his  choice  for  any  office, 
his  ballot  shall  not  be  counted  for  such  office,  but  the  rest  of 
his  ballot,  if  properly  stamped,  shall  be  counted. 

No  ballot  shall  be  rejected  for  any  technical  error  which 
does  not  render  it  impossible  to  determine  the  voter's  choice 
for  candidates  of  his  party,  nor  even  though  such  ballot  be 
somewhat  soiled  or  defaced. 

Deposit  of  Ballot. 

Sec.  20.  When  a  voter  has  stamped  his  ballot  he  shall  fold 
it  so  that  its  face  shall  be  concealed  and  only  the  printed 
designation  on  the  back  thereof  shall  be  visible,  and  hand 
the  same  to  a  member  of  the  board  in  charge  of  the  ballot- 
box.  Such  folded  ballot  shall  be  placed  in  the  ballot-box  in 
the  presence  of  the  voter,  and  the  name  of  the  voter  checked 
upon  the  register  as  having  voted. 

Polls  Open  Continuously — Proviso. 

Sec.  21.  No  adjournment  or  intermission  whatever  shall 
take  place  until  the  polls  shall  be  closed  and  until  all  the 
votes  cast  at  such  polls  shall  be  counted  and  the  result  pub- 
licly announced,  but  this  shall  not  be  deemed  to  prevent  any 
temporary  recess  while  taking  meals  or  for  the  purpose  of 
other  necessary  delay ;  provided,  that  no  more  than  one  mem- 
ber of  the  board  shall  at  any  time  be  absent  from  the  polling- 
place. 


32  PRIMARY  ELECTIONS 

Canvass,  How  Conducted. 

Sec.  22.  As  soon  as  the  polls  are  finally  closed  the  judges 
must  immediately  proceed  to  canvass  the  votes  cast  at  such 
primary  election.  The  canvass  must  be  public,  in  the  pres- 
ence of  bystanders,  and  must  be  continued  without  adjourn- 
ment until  completed,  and  the  result  thereof  declared.  Except 
as  hereinafter  provided,  the  canvass  shall  be  conducted,  com- 
pleted and  returned  as  provided  by  law. 

The  number  of  ballots  agreeing  or  being  made  to  agree 
with  the  number  of  names  on  the  lists,  as  now  provided  by 
law,  the  board  must  take  the  ballots  from  the  box  and  count 
all  the  votes  cast  for  each  party  candidate  for  the  several 
offices  and  record  the  same  on  separate  tally-lists  for  each 
party. 

County  Commissioners  to  Canvass  Primary  Returns — Duties 
of  County  Clerk  and  Secretary  of  State. 

Sec.  23.  The  board  of  county  commissioners  of  each 
county,  or  in  the  case  of  a  city  or  municipal  primary  election, 
the  officers  charged  by  law  with  the  duty  of  canvassing  the 
votes  at  any  city  or  municipal  election  in  such  political  sub- 
division, shall  meet  at  the  usual  place  at  1  o'clock  in  the 
afternoon  of  the  first  Friday  after  such  primary  election 
to  canvass  the  returns. 

If,  at  any  time  of  meeting,  the  returns  from  each  precinct 
in  the  county,  city  and  county,  or  other  political  subdivision 
in  which  polls  were  open  have  been  received,  the  board  must 
then  and  there  proceed  to  canvass  the  returns;  but  if  all 
these  returns  have  not  been  received  the  board  may  adjourn 
to  1  o'clock  in  the  afternoon  of  the  following  Monday,  when 
the  canvass  shall  begin  and  be  continued  until  completed, 
which  shall  not  be  later  than  6  o'clock  of  the  afternoon  of  the 
tenth  day  following  such  primary  election. 

The  clerk  of  the  board  must,  as  soon  as  •  the  result  is 
declared,  enter  upon  the  records  of  such  board  a  statement  of 
such  result,  which  statement  shall  contain  the  whole  number 
of  votes  cast  for  each  candidate  of  each  political  party,  and 
a  duplicate  as  to  each  political  party  shall  be  delivered  to  the 
county,  city  and  county,  or  city  chairman  of  each  political 
party  as  the  case  may  be. 

The  clerk  shall  also  make  an  additional  duplicate  state- 
ment in  the  same  form,  showing  the  votes  for  each  candidate 
not  voted  for  wholly  within  the  limits  of  such  county,  or  city 
and  county.  The  county  clerk  in  any  county  shall  forthwith 
send  to  the  secretary  of  state  by  registered  mail  one  complete 
copy  of  all  returns  as  to  such  candidates  and  as  to  all  can- 
didates for  the  state  assembly,  state  senate,  representatives 
in  congress,  and  judicial  offices,  except  justices  of  the  peace. 

The  clerk  shall  also  prepare  a  separate  statement  of  the 
names  of  the  candidates  of  each  political  party  who  have 
received  the  highest  number  of  votes  for  the  several  offices 
to  be  voted  for  wholly  within  such  count}^  city  and  county 


PRIMARY  ELECTIONS  33 

or  other  political  subdivision  in  which  such  primary  election 
was  held. 

The  secretary  of  state  shall,  not  later  than  the  twenty-fifth 
day  after  any  primary  election,  compile  the  returns  for  all 
candidates  voted  for  in  more  than  one  county,  and  for  all 
candidates  for  the  assembly,  state  senate,  representatives  in 
Congress  and  judicial  officers,  except  justices  of  the  peace, 
and  shall  make  out  and  file  in  his  office  a  statement  thereof. 

Certificate  of  Nomination,  How  Issued — Secretary  of  State 
to  Issue  Nomination  Certificates  for  State  and  National 
Offices,  and  Complete  Returns  for  U.  S.  Senator. 

Sec.  24.  The  person  receiving  the  highest  number  of  votes 
at  a  primary  election  as  the  candidate  for  the  nomination  of 
a  political  party  for  an  office  shall  be  the  candidate  of  the 
party  for  such  office,  and  his  name  as  such  candidate  shall  be 
placed  on  the  official  ballot  voted  at  the  ensuing  election. 

It  shall  be  the  duty  of  the  officers  charged  with  the  canvass 
of  the  returns  of  any  primary  election  in  any  county,  city 
and  county,  or  municipality  to  cause  to  be  issued  official  cer- 
tificates of  nomination  to  such  party  candidates  as  have 
received  the  highest  number  of  votes  as  the  candidates  for  the 
nomination  of  such  party  for  any  offices  to  be  voted  for 
wholly  within  such  county,  city  and  county,  or  municipality ; 
and  cause  to  be  issued  to  such  county  committeeman  a  cer- 
tificate of  his  election. 

It  shall  be  the  duty  of  the  secretary  of  state  to  issue  official 
certificates  of  nomination  to  candidates  nominated  under 
provisions  of  this  act  for  representative  in  congress  and  offi- 
cers voted  for  in  more  than  one  county. 

It  shall  also  be  the  duty  of  the  secretary  of  state  to  com- 
pile the  returns  for  United  States  senator  in  congress,  if  any, 
and  prepare  a  statement  thereof.  A  duplicate  of  such  state- 
ment in  so  far  as  it  shall  be  applicable  to  such  party  shall  be 
transmitted  to  the  state  chairman  of  each  political  party. 
And  it  shall  be  the  duty  of  the  secretary  of  state  to  transmit 
duplicates  of  such  statements  to  the  speaker  of  the  assembly 
and  to  the  president  of  the  senate  on  the  first  daj^  of  the  next 
ensuing  session  of  the  legislature,  together  with  his  official 
certificates  of  nomination  for  the  candidates  for  United 
States  senator  in  congress  who  received  the  highest  number 
of  votes  cast  by  their  respective  party  at  the  primary  election. 

County  Platform  and  Selection  of  State  Central  Committees. 
Sec.  25.  On  the  second  Tuesday  after  any  September  pri- 
mary election  at  the  hour  of  2  p.  m.,  all  the  candidates  of  each 
political  party  to  be  voted  for  wholly  within  any  county 
(including  state  senators  and  assemblymen)  shall  meet  at  the 
courthouse  at  the  county-seat  of  such  county  and  there 
organize,  and  adopt  a  county  party  platform  and  elect  a 
county  committee  to  consist  of  not  less  than  one  nor  more 
than  three  electors  for  each  voting  precinct,  but  each  pre- 


34  PRIMARY  ELECTIONS 

cinct  shall  be  represented  by  the  same  number  of  committee- 
men; such  county  committeemen  shall  hold  office  for  the 
term  of  two  years  and  until  their  successors  are  elected.  A 
vacancy  in  such  committee  may  be  filled  by  the  remaining 
members. 

State  central  committees  shall  be  elected  as  hereinafter 
provided ;  each  such  committee  may  select  an  executive  com- 
mittee and  shall  choose  its  officers  by  ballot  and  each  com- 
mittee and  its  officers  shall  have  the  powers  usually  exercised 
by  said  committees  and  the  officers  thereof  in  so  far  as  may 
be  consistent  with  this  act. 

The  various  officers  and  committees  now  in  existence  shall 
exercise  the  powers  and  perform  the  duties  herein  prescribed 
until  their  successors  are  chosen  in  accordance  with  the  pro- 
visions of  this  act. 

State  Platforms,  How  Formulated — Proxies — State  Central 
Committees. 

Sec.  26.  In  the  years  when  a  governor  and  other  state 
officers  are  to  be  elected  the  candidates  for  state  officers  and 
for  senate  and  assembly  nominated  by  each  political  party 
whose  term  of  office  extends  beyond  the  first  Monday  in  Janu- 
ary of  the  year  next  ensuing  shall  meet  at  the  state  capital  at 
2  o'clock  in  the  afternoon  on  the  fourth  Tuesday  of  Septem- 
ber after  the  date  on  which  any  primary  election  is  held  pre- 
liminary to  such  general  state  election.  They  shall  forthwith 
formulate  the  state  platforms  of  their  party,  which  said  state 
platform  of  each  political  party  shall  be  framed  at  such  time 
that  it  shall  be  made  public  not  later  than  6  o'clock  in  the 
afternoon  of  the  following  Thursday. 

Members  of  such  conventions  may  be  represented  thereat 
by  proxy  duly  executed,  but  no  person  other  than  a  member 
shall  act  as  proxy  for  a  member. 

It  shall  also  proceed  to  elect  a  state  central  committee,  to 
consist  of  at  least  one  and  not  more  than  three  members  from 
each  county,  who  shall  hold  office  until  a  new  state  central 
committee  shall  have  been  elected.  In  years  when  a  state 
convention  assembles  to  select  delegates  to  a  national  conven- 
tion, to  nominate  a  candidate  for  president  and  for  vice- 
president  of  the  United  States,  such  state  convention  shall 
have  the  power  to  formulate  their  party  platform  and  to 
select  such  new  state  central  committee,  which  shall  consist 
of  at  least  one  member  from  each  county,  which  committee 
shall  hold  and  exercise  its  powers  until  the  candidates  for 
state  offices  and  for  senate  and  assembly  to  be  voted  for  at  the 
next  ensuing  state  election  shall  assemble  and  select  their  suc- 
cessors. Such  state  central  committee  shall  meet  and  organ- 
ize at  a  time  and  place  to  be  designated  by  the  body  selecting 
such  state  central  committee,  and  such  committee  may  then 
and  thereafter  select  an  executive  committee. 


PRIMARY  ELECTIONS  35 

Vacancies,  How  Filled. 

Sec.  27.  Vacancies  occurring  after  the  holding  of  any 
primary  election  shall  be  filled  by  the  party  committee  of 
the  city,  county,  city  and  county,  district  or  state,  as  the 
case  may  be. 

Tie  Votes,  How  Decided. 

Sec.  28.  In  the  case  of  a  tie  vote,  if  for  an  office  to  be 
voted  for  wholly  within  one  county,  or  city  and  county,  the 
county,  city  and  county,  and  city  board,  as  the  case  may  be, 
shall  forthwith  summon  the  candidates  who  have  received 
such  tie  votes  to  appear  before  such  board,  and  such  board  in 
the  presence  of  such  candidates  shall  determine  the  tie  by  lot. 
In  the  case  of  a  tie  vote  for  an  office  to  be  voted  for  in  more 
than  one  county,  such  tie  shall  be  determined  by  lot  by  the 
secretary  of  state  in  the  presence  of  the  candidates. 

Errors  or  Omissions,  How  Corrected. 

Sec.  29.  Whenever  it  shall  be  made  to  appear  by  affidavit 
to  any  justice  of  the  supreme  court  or  judge  of  the  district 
court  of  the  proper  county  that  an  error  or  omission  has 
occurred  or  is  about  to  occur  in  the  placing  of  any  name  on 
an  official  primary  election  ballot,  that  any  error  has  been 
or  is  about  to  be  committed  in  printing  such  a  ballot,  or 
that  any  wrongful  act  has  been  or  is  about  to  be  done  by  any 
judge  or  clerk  of  a  primary  election,  county  clerk,  registrar 
of  votes  in  any  city  or  county,  canvassing  board  or  any  mem- 
ber thereof,  or  other  person  charged  with  any  duty  concern- 
ing the  primary  election,  or  that  any  neglect  of  duty  has 
occurred  or  is  about  to  occur,  such  justice  of  the  supreme 
court  or  judge  of  the  district  court  shall  order  the  officer  or 
person  charged  with  such  error,  wrong  or  neglect  [ed]  to 
forthwith  correct  the  error,  desist  from  the  wrongful  act  or 
perform  the  duty  or  forthwith  show  cause  why  he  should 
not  do  so.  Any  person  who  shall  fail  to  obey  the  order  of 
such  justice  of  the  supreme  court  or  judge  of  the  district 
court  shall  be  cited  forthwith  to  show  cause  why  he  shall 
not  be  adjudged  in  contempt  of  court. 

Contested  Nomination,  How  Proceeded  With. 

Sec.  30.  Any  candidate  at  a  primary  election  desiring  to 
contest  the  nomination  of  another  candidate  for  the  same 
office  may  proceed  within  five  days  after  the  completion  of 
the  canvass  as  provided  in  section  23  of  this  act.  And  the 
contestee  shall  be  required  by  the  order  of  such  justice  of 
the  supreme  court  or  judge  of  the  district  court  to  appear 
and  abide  the  further  order  of  the  court. 

Neglect  or  Misfeasance  of  Filing  Office  Punished — General 
Law  to  Govern  Primaries. 
Sec.  31.     Any  officer  in  whose  office  an}'-  nomination  paper 
has  been  properly  filed  who  shall  wrongfully  either  suppress, 


36  GENERAL  ELECTIONS 

neglect  or  fail  to  cause  the  filing  thereof  to  be  noted  at  the 
proper  time  and  in  the  proper  place,  shall  be  guilty  of  a 
misdemeanor,  and  upon  trial  and  conviction  thereof  shall 
be  punished  by  a  fine  of  not  less  than  one  hundred  dollars 
or  more  than  five  hundred  dollars  or  imprisonment  in  the 
county  jail  for  not  less  than  thirty  days  nor  more  than  six 
months,   or  by  both  such  fine  and  imprisonment. 

Any  act  or  omission  declared  to  be  an  offense  by  the  gen- 
eral laws  of  this  state  concerning  primaries  and  elections 
shall  also  in  like  case  be  an  offense  concerning  primary, 
elections  as  provided  for  by  this  act,  and  shall  be  punished 
in  the  same  manner  and  form  as  therein  provided,  and  all 
penalties  and  provisions  of  the  law  governing  elections, 
except  as  herein  otherwise  provided,  shall  apply  in  equal 
force  to  primary  elections  as  provided  for  by  this  act. 

Chapter  4 — General  Elections 

General  Elections,  When  Held. 

Section  1.  A  general  election  shall  be  held  in  the  several 
election  precincts  in  this  state,  on  the  Tuesday  next  after  the 
first  Monday  of  November,  one  thousand  nine  hundred  and 
fourteen,  and  every  two  years  thereafter,  at  which  there 
shall  be  chosen  all  such  officers  as  are  by  law  to  be  elected  in 
such  year,  unless  otherwise  provided  for. 

Duties  of  County  Commissioners — Precinct  Established,  How 
and  When — Number  of  Voters  in  Precinct. 

Sec.  2.  It  shall  be  the  duty  of  boards  of  county  com- 
missioners to  establish  election  precincts  and  define  the 
boundaries  thereof,  and  to  alter,  consolidate  and  abolish  the 
same  as  public  convenience  or  necessity  may  require;  pro- 
vided. 

First — That  no  new  precinct  shall  be  established  except 
upon  the  petition  of  ten  or  more  qualified  electors,  perma- 
nently residing  in  the  district  sought  to  be  established, 
showing  that  they  reside  more  than  ten  miles  from  any  poll- 
ing place  in  said  county,  unless  it  shall  appear  to  the  satis- 
faction of  said  board  that  not  less  than  fifty  qualified  electors 
reside  in  said  precinct,  in  which  event  said  precinct  may 
be  established  without  regard  to  the  distance  which  said 
electors  reside  from  another  polling  place  or  precinct. 

Second — That  no  election  shall  be  held  in  any  precinct 
in  which  there  shall  not  be  at  least  ten  qualified  electors, 
permanently  residing  therein  at  the  time  notice  of  holding 
election  therein  shall  be  given. 

Third — All  qualified  electors  residing  in  any  election  pre- 
cinct in  which  there  are  less  than  ten  qualified  electors  per- 
manently residing  at  the  time  notice  of  holding  elections 
are  given,  shall  be  entitled  to  register  and  vote  in  the  elec- 
tion precinct  having  a  polling  place  nearest  their  residence, 
by  the  usual  traveled  route. 


GENERAL  ELECTIONS  37 

Fourth — That  no  election  precinct  shall  be  established  or 
election  held  at  any  place  in  any  precinct  within  one  mile  of 
another  voting  place  in  the  same  county,  unless  there  shall 
have  been  polled,  at  the  said  voting  place,  at  the  next  pre- 
ceding general  election,  not  less  than  fifty  votes. 

The  several  boards  of  county  commissioners  in  the  coun- 
ties of  this  state  in  providing  for  and  proclaiming  election 
precincts  shall  so  arrange  and  divide  the  voting  places  in  the 
respective  counties  so  that  no  greater  number  than  four 
hundred  voters  shall  vote  in  one  precinct. 

It  shall  be  the  duty  of  said  boards  of  county  commis- 
sioners, at  their  first  regular  meeting  in  July  preceding  each 
general  election  (and  fifteen  days  preceding  each  special 
election),  to  appoint  three  capable  and  discreet  persons, 
possessing  the  qualifications  of  electors  Cwho  shall  not  be 
of  the. same  political  party),  to  act  as  inspectors  of  election 
at  each  election  precinct;  and  the  clerk  of  said  board  shall 
forthwith  make  and  deliver  to  said  inspectors  personally, 
notice  thereof  in  writing,  or  deposit  the  same  in  the  post- 
office,  registered,  and  postage  prepaid,  directed  to  the  regis- 
try agent  of  the  precinct  for  which  each  of  said  inspectors 
is  appointed,  and  it  shall  be  the  duty  of  said  registry  agents, 
within  ten  days  after  the  receipt  thereof,  to  serve  the  same 
upon  each  of  said  inspectors  of  election. 

Sheriff  to  Deliver  Poll-Books  and  Other  Supplies  to 
Inspector. 
Sec.  3.  It  shall  be  the  duty  of  the  board  of  county  com- 
missioners to  cause  their  clerks  to  furni<*h  the  sheriff  with 
poll-books  and  all  other  supplies  required  to  be  provided  by 
said  board  of  inspectors  and  clerks  of  election,  and  the  clerk 
shall  at  the  same  time  deliver  to  the  sheriff  the  ballot  boxes 
and  keys,  the  official  ballots,  the  sample  ballots  and  printed 
instructions  all  together  to  one  of  the  inspectors  of  every 
election  precinct  in  the  county,  at  least  one  day  before  the 
time  of  holding  any  election. 

Duties  of  Inspectors  of  Election — Penalty  for  Neglect. 

Sec.  4.  If  in  any  precinct  any  of  such  inspectors  are 
unwilling  to  serve  as  inspectors  they  shall  notify  the  board 
of  county  commissioners  thereof,  within  five  days  after  the 
receipt  of  the  notice  of  their  appointment,  who  shall  imme- 
diately appoint  some  suitable  person  to  fill  the  vacancy  and 
to  serve  at  such  election.  A  failure  to  notify  the  board  of 
county  commissioners  of  any  unwillingness  to  serve  as 
inspector,  as  herein  provided,  shall  subject  the  person  to  a 
penalty  of  not  less  than  ten  nor  more  than  one  hundred  dol- 
lars, to  be  sued  for  and  recovered  by  said  board  of  county 
commissioners,  for  the  use  of  the  county,  before  any  justice 
of  the  peace  of  such  county.  If,  through  any  accident,  sick- 
ness or  inability  on  the  day  of  election,  of  such  inspectors, 
or  any  one  thereof,  to  serve,   the  inspector  or  inspectors 


38  GENERAL  ELECTIONS 


^ 


present  on  the  morning  of  the  election  may  appoint  some 
suitable  person  to  fill  the  vacancy. 

Duties  of  Inspectors  of  Election. 

Sec.  5.  The  said  inspectors  shall  choose  two  persons  hav- 
ing similar  qualifications  with  themselves  to  act  as  clerks  of 
the  election.  The  said  inspectors  shall  be  and  continue 
inspectors  of  all  elections  of  civil  officers  to  be  held  in  their 
respective  precinct,  until  other  inspectors  shall  be  appointed 
as  hereinbefore  directed ;  and  the  said  clerks  of  election  may 
continue  to  act  as  such  during  the  pleasure  of  the  inspectors 
of  election. 

Election  Officers  To  Be  Sworn. 

Sec.  6.  Previous  to  votes  being  taken,  the  inspectors  and 
clerks  of  election  shall,  severally,  take  the  prescribed  official 
oath,  and,  in  addition  thereto,  an  oath  or  affirmation  in  the 
following  form,  to  wit : 

I,  A.  B.,  do  solemnly  swear  (or  affirm),  as  the  case  may  be, 
that  I  will  perform  the  duties  of  inspector  (or  clerk,  as  the 
case  may  be)  of  the  election  to  be  held  this  day,  according 
to  law  and  to  the  best  of  my  ability,  and  that  I  will  stu- 
diously endeavor  to  prevent  fraud,  deceit,  and  abuse  in  any 
manner,  in  conducting  the  same.  So  help  me  God  (or  if 
an  affirmation  under  the  pains  and  penalties  of  perjury). 

Who  May  Administer  Oaths. 

Sec.  7.  In  case  there  shall  be  no  judge  or  justice  of  the 
peace  present  at  the  opening  of  the  election,  or  in  case  such 
judge  or  justice  shall  be  appointed  inspector  or  clerk  of  the 
election,  they  are  hereby  empowered  to  administer  the  oath 
or  affirmation  to  each  other,  and  to  the  clerks  of  the  election, 
and  the  person  administering  the  oath  or  affirmation  shall 
cause  an  entry  thereof  to  be  made  and  subscribed  by  him  in 
the  poll-books. 

Opening  and  Closing  Polls. 

Sec.  8.  At  all  elections  to  be  held  under  this  act,  the  polls 
shall  be  open  at  the  hour  of  8  o'clock  in  the  forenoon,  and 
continue  open  until  6  o'clock  in  the  afternoon  of  the  SMme 
day,  at  which  time  the  polls  shall  be  closed ;  provided,  w^hen- 
ever  at  any  election  all  the  votes  of  the  precinct  as  shown 
by  the  registry  list,  shall  have  been  cast,  the  inspectors  shall 
immediately  close  the  polls  and  shall  forthwith  begin  the 
counting  of  the  ballots,  and  continue  the  same  without 
unnecessary  delay  until  the  count  is  completed.  Upon  open- 
ing the  polls,  one  of  the  clerks,  under  the  direction  of  the 
inspectors,  shall  make  proclamation  of  the  same,  and  thirty' 
minutes  before  closing  of  the  polls,  proclamation  shall  be 
made  in  like  manner  that  the  polls  will  be  closed  in  half  an 
hour;  provided  further,  if  at  the  hour  of  closing  there  are 
any  voters  in  the  polling  place,  or  in  line  at  the  door,  who 


GENERAL  ELECTIONS  39 

are  qualified  to  vote  and  have  not  been  able  to  do  so  since 
appearing,  the  polls  shall  be  kept  open  a  sufficient  time  to 
enable  them  to  vote.  But  no  one  who  shall  arrive  at  the 
polling  place  after  6  o  'clock  in  the  afternoon  shall  be  entitled 
to  vote,  although  the  polls  may  be  open  when  he  arrives.  No 
adjournment  or  intermission  shall  be  taken  except  as  pro- 
vided in  the  case  of  election. 

Ballot  Boxes  Furnished. 

Sec.  9.  There  shall  be  provided  and  kept  by  the  county 
commissioners  of  each  county,  at  the  expense  of  the  county, 
a  suitable  ballot  box,  with  a  lock  and  key,  for  each  precinct, 
and  they  shall  furnish  the  same  to  the  inspectors  of  each  elec- 
tion precinct  or  district  within  their  county. 

Ballot  Boxes  To  Be  Examined. 

Sec.  10.  There  shall  be  an  opening  through  the  lid  of 
each  box  of  no  larger  size  than  shall  be  sufficient  to  admit 
a  single  folded  ballot.  Before  opening  the  polls,  the  ballot 
box  shall  be  carefully  examined  by  the  inspectors  of  election, 
that  nothing  may  remain  therein ;  it  shall  then  be  locked  and 
the  key  thereof  delivered  to  one  of  the  inspectors,  to  be  des- 
ignated by  the  majority  thereof,  and  shall  not  be  opened 
during  the  election,  except  in  the  manner  and  for  the  pur- 
pose hereinafter  mentioned. 

Duties  of  Officers  of  Election. 

Sec.  11.  It  shall  be  the  duty  of  the  inspectors  of  election, 
at  each  poll,  at  every  election,  to  have  before  them  a  certified 
copy  of  the  register  of  voters  of  the  precinct  or  district  for 
which  they  are  the  inspectors  provided  by  law;  and  the 
inspector  to  whom  any  ticket  may  be  delivered  shall,  upon 
receipt  thereof,  pronounce  with  an  audible  voice  the  name 
of  the  person  offering  to  vote,  and  another  one  of  the  inspect- 
ors shall  examine  the  certified  copy  of  the  register,  and  if 
the  name  of  the  person  is  found  thereon,  his  ticket  shall 
immediately  be  put  in  the  ballot  box  without  being  inspected, 
if  it  be  a  folded  ballot.  The  name  of  the  elector  shall  then 
be  checked  on  the  certified  copy  of  the  register,  and  the 
clerks  of  election  shall  enter  his  name  and  number  in  the 
poll-book.  No  person  shall  be  permitted  to  vote  whose  name 
is  not  on  the  register,  and  who  shall  refuse  to  comply  with 

the  requirements  of  section  of  this  act.     Said  register 

shall  be  [open]  to  said  inspectors  of  election  conclusive  evi- 
dence of  the  right  of  the  person  to  vote  whose  name  appears 
upon  the  same;  provided,  that  said  inspectors  of  election 
may  require  any  person  to  give  true  answers  under  oath  or 
affirmation  to  all  such  questions  as  they  may  desire  to  ask 
touching  the  identity  of  the  person  with  the  name  in  or  under 
which  he  may  wish  to  vote;  provided,  that  in  all  cases  said 
ballots  shall  be  printed  on  a  good  quality  of  white  book 
paper. 


40  GENERAL  ELECTIONS 

Legality  of  Ballot. 

Sec.  12.  Whenever  a  question  arises  in  the  board  as  to 
the  legality  of  a  ballot,  or  any  part  thereof,  and  the  board 
decide  in  favor  of  the  legality,  such  action  shall  be  taken  as 
in  the  case  of  a  rejected  ballot. 

Prohibition  Under  Penalty, 

Sec.  13.  Every  person  who  makes,  offers  or  accepts  any 
bet  or  wager  upon  the  result  of  any  election,  or  upon  the 
success  or  failure  of  any  person  or  candidate,  or  upon  the 
number  of  votes  to  be  cast,  either  in  the  aggregate  or  for 
any  particular  candidate,  or  upon  the  vote  to  be  cast  by  any 
person,  is  guilty  of  a  misdemeanor. 

County  Commissioners  to  Determine  Number  of  Deputy 
Sheriffs  to  Serve  at  Election. 
Sec.  14.  It  shall  be  the  duty  of  the  board  of  county  com- 
missioners of  the  several  counties  of  the  state  to  determine 
the  number  of  special  deputy  sheriffs  to  be  appointed  by  the 
sheriff  of  the  several  counties  to  serve  at  each  election  pre- 
cinct, for  the  purpose  of  preserving  order  and  making 
arrests,  to  be  paid  as  other  fees. 

Who  May  Challenge — Oath  of  Elector  on  Challenge. 

Sec.  15.  A  person  offering  to  vote  may  be  orally  chal- 
lenged by  any  elector  of  the  precinct,  upon  the  ground 
that  he  is  not  the  person  entitled  to  vote  as  claimed,  or  has 
voted  before  on  the  same  day,  in  which  the  inspector  or  one 
of  the  judges  shall  tender  him  the  following  oath:  "You  do 
swear  (or  affirm)  that  you  are  the  person  whose  name  is 
entered  upon  the  registry  list  of  this  precinct."  In  case  such 
person  refuse  to  take  the  oath  so  tendered,  he  shall  not  be 
allowed  to  vote,  and  the  clerks  of  the  election  shall  write 
the  word  "Challenged"  opposite  the  name  of  each  person 
challenged  upon  the  register. 

Vote  Canvassed,  How. 

Sec.  16.  As  soon  as  the  polls  of  election  shall  be  finally 
closed  the  inspectors  shall  immediately  proceed  to  canvass 
the  vote  given  at  such  election;  and  the  canvass  shall  be 
made  public  and  continue  without  adjournment  until  com- 
pleted. 

Vote  Canvassed,  When. 

Sec.  17.  The  canvass  shall  commence  by  a  comparison  of 
the  poll-lists  from  the  commencement,  and  a  correction  of 
any  mistake  that  may  be  found  therein,  until  they  shall  be 
found  to  agree.  The  box  shall  then  be  opened  and  the  bal- 
lots contained  therein  taken  out  and  counted  by  the  inspect- 
ors, and  opened  so  far  as  to  ascertain  whether  each  ballot  is 
single;  and  if  two  or  more  ballots  shall  be  found  so  folded 
together  as  to  present  the  appearance  of  a  single  ballot, 
they  shall  be  laid  aside  until  the  count  of  the  ballots  is 
completed ;  and  if,  on  comparison  of  the  count  with  the  poll- 
lists  and  the  appearance  of  such  ballots,  a  majority  of  the 


GENERAL  ELECTIONS  41 

inspectors  shall  be  of  the  opinion  that  the  ballots  thus 
folded  together  were  voted  by  one  elector,  they  shall  be 
rejected,  and  carefully  sealed  up  in  an  envelope,  upon  which 
shall  be  written  the  reason  for  their  rejection,  and  shall  be 
signed  by  the  inspectors,  and  placed  back  in  the  ballot  box, 
to  be  retained  with  the  other  ballots,  as  provided  in  section 
of  this  act. 

Ballot  Box,  How  Purged. 

Sec.  18.  If  the  ballots  in  the  box  shall  be  found  to  exceed 
in  number  the  whole  number  of  votes  on  the  poll-lists,  they 
shall  be  replaced  in  the  box,  after  being  purged  as  above, 
and  one  of  the  inspectors,  with  his  back  turned  to  the  box, 
shall  publicly  draw  out  and  destroy  therefrom  so  many  bal- 
lots, unopened,  as  shall  equal  the  excess. 

Duties  of  the  Clerks  of  Elections. 

Sec.  19.  The  ballots  and  poll-lists  agreeing,  or  being 
made  to  agree,  the  board  shall  then  proceed  to  count  and 
ascertain  the  number  of  votes  cast,  and  for  whom  cast,  and 
when  completed  the  clerks  shall  set  down  in  their  poll-books 
the  name  of  every  person  voted  for,  written  at  full  length, 
the  office  for  which  such  person  received  such  votes,  and  the 
number  he  did  receive,  the  number  being  expressed  in  writ- 
ing at  full  length,  and  also  in  figures;  such  entry  to  be 
made,  as  nearly  as  the  circumstances  will  admit,  in  the  fol- 
lowing form,  to  wit: 

At  an  election  held  at  the  house  of  A.  B.,  in  the  town  (or 

precinct)  of ,  in  the  county  of  ,  and  the  State 

of  Nevada,  on  the day  of ,  A.  D ,  the  follow- 
ing-named persons  received  the  number  of  votes  annexed 
to  their  respective  names  for  the  following-described  offices, 
to  wit : 

A.  B.  had votes  for  member  of  congress. 

C.  D.  had votes  for  state  treasurer. 

E.  F.  had votes  for  state  controller. 

G.  H.  had  votes  for  state  superintendent  of  public 

instruction. 

I.  J.  had votes  for  member  of  state  senate. 

K.  L.  had votes  for  member  of  the  assembly. 

(And  in  like  manner  for  any  person  voted  for.)  Certified 
by  us :  M.  N., 

O.P., 
Q.R., 
Inspectors  of  Election. 

Attest :  A.  B., 

CD., 
Clerks  of  Election. 

Disposition     of     Ballots     After     Canvass — Disposition     of 
Returns  and  Ballot  Box. 
Sec.  20.     The  inspectors  shall  file  the  ballots  on  a  string, 
inclose  and  seal  the  same,  together  with  one  of  the  tally  lists 


42  GENERAL  ELECTIONS 

and  one  of  the  poll-books,  under  cover,  directed  to  the  clerk 
of  the  board  of  county  commissioners  of  the  county  in  which 
such  election  was  held,  or  such  other  officer  as  is  herein  pro- 
vided, indorsed  "Election  Returns";  provided,  that  if  said 
clerk  of  the  board  of  county  commissioners,  as  county  clerk, 
or  any  one  of  the  following-named  county  officers  was  voted 
for  office  at  the  last  election,  he  shall  not  be  the  custodian  of 
such  election  returns ;  but  such  returns  shall  be  directed  and 
delivered  to  the  county  officer  who  was  not  a  candidate  and 
voted  for  office- in  the  following  order:  Second — The  county 
recorder.  Third — The  county  treasurer.  Fourth — The 
county  assessor.  Fifth — The  chairman  of  the  board  of 
county  commissioners.  Sixth — One  of  the  county  commis- 
sioners. And  said  custodian  shall  comply  with  the  provis- 
ions of  section  21  of  this  act.  The  packet  thus  sealed  shall 
be  conveyed  by  one  of  the  inspectors  or  clerks  of  election, 
to  be  determined  by  lot,  if  they  cannot  otherwise  agree,  or 
by  some  person  to  be  agreed  upon  by  the  inspectors,  and 
delivered  to  said  clerk  of  the  board  of  county  commissioners, 
or  the  county  officer  as  herein  provided,  at  his  office  within 
ten  days  from  the  close  of  the  polls.  The  poll-book,  tally 
list,  certified  copy  of  register,  ballot  box  and  ballots  thus 
enclosed  and  sealed  shall,  after  the  canvass  of  the  votes  by 
the  board  of  county  commissioners,  be  deposited  in  the  office 
of  the  board  of  county  commissioners,  and  preserved  until 
the  next  general  election.  The  other  poll-books  and  tally 
lists  shall  be  deposited  with  one  of  the  inspectors  of  election, 
to  be  determined  by  lot,  if  not  otherwise  determined,  agreed 
upon,  and  said  poll-book  or  tally  list  deposited  with  the 
board  of  county  commissioners,  shall  be  subject  to  the  inspec- 
tion of  any  elector,  at  any  time  thereafter,  who  may  wish  to 
examine  the  same;  provided,  however,  that  the  ballots  so 
deposited  with  the  board  of  county  commissioners  shall  not 
be  subject  to  the  inspection  of  any  one,  except  in  cases  of 
contested  elections,  and  then  only  by  the  judge,  body  or 
board  before  whom  such  election  is  being  contested. 

Duties  of  Inspectors  of  Election. 

Sec.  21.  At  every  election  hereafter  to  be  held  in  this 
state,  in  precincts  which  are  by  the  usually  traveled  route 
more  than  fifty  miles  distant  from  the  county-seat,  and 
wherein  less  than  fifty  voters  shall  be  registered  for  that 
election,  the  inspectors  shall,  before  they  adjourn,  post  con- 
spicuously at  the  polling  place  a  bulletin  signed  by  each  of 
them,  stating  the  number  of  ballots  cast  for  each  candidate 
and  for  and  against  each  question  which  has  been  voted 
upon. 

Rejected  Ballots  Counted  on  Separate  Tally-sheet — To  Be 
Posted. 
Sec.  22.     Before  the  close  or  final  adjournment  of  any 
board  of  election  in  any  voting  precinct  in  this  state,  the 


GENERAL  ELECTIONS  43 

inspectors  shall  canvass  and  count  any  and  all  ballots 
rejected  by  them,  on  a  separate  tally-sheet,  in  the  same  man- 
ner as  legal  ballots  are  now  canvassed  and  counted,  and 
transmit  said  sheet  to  the  board  of  county  commissioners  in 
the  ballot-box,  with  the  other  papers  and  documents,  and 
the  result  of  the  vote  cast  for  any  and  all  candidates,  and 
on  any  and  all  questions  submitted,  so  far  as  can  be  deter- 
mined, shall  be  posted  immediately  thereafter  in  some  con- 
spicuous place  on  the  building  in  which  the  election  is  held, 
a  duplicate  copy  of  which  shall  be  placed  in  the  ballot-box 
with  the  other  election  returns  and  papers,  to  the  board  of 
county  commissioners,  and  the  county  clerk  shall  keep  a 
record  of  the  same. 

Unlawful  for  Inspector-  to  Put  Mark  on  Ballot — Exception. 
Sec.  23.  It  shall  be  unlawful  for  any  clerk  or  inspector 
of  election  to  place  any  mark  whatsoever  upon  any  ballot 
other  than  a  "spoiled"  ballot;  provided,  however,  that  when 
such  clerks  or  inspectors  of  election  shall  reject  a  ballot  for 
any  alleged  defect  or  illegality,  it  shall  be  the  duty  of  such 
inspectors  of  election  to  certify  over  their  signatures  upon 
the  back  of  each  and  every  ballot  rejected  that  such  ballot 
or  ballots  were  in  fact  rejected,  and  briefly  stating  their 
reasons  therefor. 

Dispositions  of  Ballots,  Poll-Books  and  Tally-Lists. 

Sec.  24.  They  shall  also,  before  they  adjourn,  seal  the 
ballots  in  a  strong  envelope,  writing  across  the  back  thereof 
the  words,  "Ballots  (here  give  the  name)  precinct,"  and  also 
sign  the  names  thereon.  They  shall  then  place  the  envelope 
containing  the  ballots,  together  with  one  of  the  tally-lists 
and  one  of  the  poll-books,  in  a  sealed  package,  the  weight  of 
which,  including  the  wrapper  or  box,  must  be  less  than  the 
limit  of  weight  allowed  to  be  transmitted  by  mail.  They  shall 
then  address  the  same  to  the  proper  officer  at  the  county-seat, 
stating  in  writing  on  the  outside  of  the  package  the  contents 
thereof,  and  deliver  it  to  one  of  their  number,  to  be  chosen 
by  lot,  who  shall  immediately,  without  opening  it  or  per- 
mitting it  to  be  opened,  deliver  it  to  the  nearest  postmaster 
and  pay  the  postage  thereon,  and  have  the  package  regis- 
tered. 

Expenses,  How  Paid. 

Sec.  25.  The  inspector  who  delivers  the  package  shall  be 
paid  the  amount  expended  by  him  in  paying  the  postage  on 
the  package,  and  fifteen  cents  per  mile  for  going  to  and  fif- 
teen cents  per  mile  for  returning  from  the  postoffice,  in  the 
same  manner  and  out  of  the  same  fund  as  other  election 
expenses  are  paid;  provided,  that  no  such  mileage  shall  be 
paid  unless  the  total  distance  necessarily  traveled  in  going 
and  returning  be  greater  than  two  miles. 


44  GENERAL  ELECTIONS 


1 


Custody  of  Ballots. 

Sec.  26.  In  cases  where  this  act  shall  apply,  the  ballots 
shall,  after  they  reach  the  county-seat,  be  kept  in  sealed 
packages  by  the  proper  officer,  instead  of  in  the  ballot-boxes. 

Custody  of  Ballot-Box. 

Sec.  27.  In  precincts  where  this  act  shall  apply,  the  bal- 
lot-box may  remain  in  the  custody  of  the  inspectors  until  the 
next  election,  when  it  shall  be  turned  over  to  the  inspectors 
of  said  election,  and  in  such  cases  the  tally-lists,  poll-books 
and  other  books  and  papers  may  be  sent  in  sealed  packages 
by  registered  mail  to  one  of  the  inspectors. 

County  Commissioners  to  Canvass — Tie — Recount — New 
Election,  When. 
Sec.  28.  On  the  tenth  day  (or  if  that  day  shall  fall  on 
Sunday,  then  on  the  Monday  following)  after  the  close  of 
any  election,  or  sooner,  if  all  the  returns  be  received,  the 
board  of  county  commissioners  shall  proceed  to  open  said 
returns  and  make  abstracts  of  the  votes.  Such  abstract  of 
votes  for  member  or  members  of  congress  shall  be  on  one 
sheet;  the  abstract  of  votes  for  members  of  the  legislature 
shall  be  on  one  sheet;  and  the  abstract  of  the  votes  for  dis- 
trict and  state  officers  shall  be  on  one  sheet ;  and  the  abstract 
of  votes  for  county  and  township  offices  shall  be  on  one 
sheet.  And  it  shall  be  the  duty  of  the  board  of  county  com- 
missioners to  cause  a  certificate  of  election  to  be  made  out 
by  the  respective  clerks  of  said  board  of  county  commission- 
ers to  each  of  the  persons  having  the  highest  number  of 
votes  for  members  of  the  legislature,  district,  county  and 
township  offices,  respectively,  and  to  deliver  such  certificate 
to  the  person  entitled  to  it  on  his  making  application  to  said 
clerk  at  his  office;  provided,  that  when  a  tie  shall  exist 
between  two  or  more  persons  for  the  senate  or  assembly,  or 
any  other  county,  district,  or  township  officer,  any  of  said 
persons  shall  have  the  right  to  demand  of  the  board  of 
county  commissioners  a  recount  of  all  the  ballots  cast  for 
them  for  the  office  for  which  they  were  candidates ;  and  pro- 
vided further,  that  if  after  said  recount  has  been  had,  the 
vote  between  them  or  any  of  them  shall  still  remain  a  tie, 
the  board  of  county  commissioners  shall  order  their  clerk 
to  give  notice  to  the  sheriff  of  the  county,  who  shall  imme- 
diately advertise  another  election,  giving  at  least  ten  days' 
notice.  And  it  shall  be  the  duty  of  the  said  clerk  of  said 
board  of  county  commissioners  of  said  county,  on  the  receipt 
of  the  return  of  any  general  or  special  election,  to  make  out 
his  certificate  of  election;  stating  therein  the  compensation 
to  which  the  inspectors  and  clerks  of  election  may  be  entitled 
by  law  for  their  services,  and  lay  the  same  before  the  board 
of  county  commissioners  at  their  next  session;  and  the  said 
board  shall  order  the  compensation  aforesaid,  if  correct,  to 
be  paid  out  of  the  county  treasury. 


GENERAL  ELECTIONS  45 

Penalty  for  Malfeasance — Canvass  for  State  Officers. 

Sec.  29.  The  board  of  county  commissioners,  after  mak- 
ing the  abstract  of  votes,  as  provided  in  section  twenty-eight, 
shall  cause  their  clerk,  by  an  order  made  and  entered  in  the 
minutes  of  their  proceedings,  to  make  a  copy  of  said  abstract, 
and  forthwith  transmit  the  same  to  the  secretary  of  state  at 
the  seat  of  government.  If  the  board  of  county  commis- 
sioners shall  neglect  or  refuse  to  make  the  order,  as  required 
by  this  act,  they,  and  each  of  them,  shall  be  guilty  of  a  mis- 
demeanor in  office,  and  shall  on  conviction  thereof,  be  liable 
to  a  fine  of  not  less  than  one  hundred  dollars,  nor  more  than 
five  hundred  dollars,  each,  and  imprisonment  in  the  county 
jail  for  not  less  than  ten  and  not  more  than  one  hundred 
days  each,  or  both  such  fine  and  imprisonment,  and  shall 
be  removed  from  office.  And  on  the  third  Monday  of  Decem- 
ber succeeding  such  election,  the  chief  justice  of  the  supreme 
court  and  the  associate  justices,  or  a  majority  thereof,  shall 
meet  at  the  office  of  the  secretary  of  state,  and  shall  open  and 
canvass  the  vote  for  members  of  congress,  district  and  state 
officers ;  and  the  governor  shall  grant  a  certificate  of  election 
to  and  commission  the  persons  having  the  highest  number 
of  votes,  and  shall  also  issue  proclamations,  declaring  the 
election  of  such  persons.  But  in  case  there  shall  be  no  choi^'e, 
by  reason  of  any  two  or  more  persons  having  an  equal  and 
the  highest  number  of  votes  for  the  same  office,  the  senate 
and  assembly  shall  convene  in  the  assembly  chamber,  on 
the  second  Monday  of  February,  at  the  next  regular  session 
of  the  legislature  after  such  election,  and  by  joint  vote  of 
both  houses,  elect  one  of  said  persons  to  fill  said  office;  pro- 
vided, when  an  election  for  electors  of  president  and  vice- 
president  of  the  United  States  takes  place,  the  vote  thereof 
shall  be  canvassed  at  the  same  time  and  in  the  manner  afore- 
said. 

Information^  How  Treated. 

Sec.  30.  No  certificate  shall  be  withheld  on  account  of 
any  defect  or  informality  in  the  returns  of  any  election,  if 
it  can  with  reasonable  certainty  be  ascertained  from  such 
returns  what  office  is  intended  and  who  is  entitled  to  such 
certificate ;  nor  shall  any  commission  be  withheld  by  the  gov- 
ernor or  board  of  county  commissioners  on  account  of  anj 
such  defect  or  informality  of  any  returns  made  to  the  office 
of  the  secretary  of  state  or  to  the  board  of  county  commission- 
era. 

Messengers  May  Be  Employed,  When  and  by  Whom. 

Sec.  31.  If  the  returns  of  the  election  of  any  county  in 
the  state  shall  not  be  received  at  the  office  of  the  secretary 
of  state  on  or  before  said  third  Monday  of  December  suc- 
ceeding such  election,  the  said  secretary  may  forthwith  send 
a  messenger  to  the  clerk  of  the  board  of  county  commis- 
sioners of  such  county,  whose  duty  it  shall  be  to  furnish  said 


46  GENERAL  ELECTIONS 

messenger  with  a  copy  of  such  returns ;  and  the  said  mes- 
senger shall  be  paid  out  of  the  treasury  of  such  county  the 
sum  of  twenty  cents  for  each  mile  he  shall  necessarily  travel 
in  going  to  and  returning  from  said  county.  Whenever  it 
shall  be  necessary,  in  the  opinion  of  the  board  of  county 
commissioners,  to  employ  a  messenger  to  convey  the  returns 
to  the  seat  of  government,  and  deliver  them  to  the  secretary 
of  state,  the  person  performing  such  service  shall  also  be 
entitled  to  receive,  as  compensation,  mileage  at  the  rate  of 
twenty  cents  per  mile,  computing  the  distance  from  the 
county-seat  to  the  seat  of  government  by  the  usual  traveled 
route. 

Duties  of  County  Commissioners. 

Sec.  32.  When  two  or  more  counties  are  united  in  one 
senatorial,  representative  or  judicial  district  for  the  election 
of  any  officers,  the  board  of  county  commissioners  of  each 
county  shall  canvass  the  votes,  according  to  law,  of  the  voters 
of  their  respective  counties  for  said  officer  or  officers;  and 
the  commissioners  of  the  county  whose  initial  is  the  lowest 
on  the  alphabet  shall  transmit  to  the  commissioners  of  the 
county  of  the  highest  initial  a  copy  of  the  abstract  of  the 
votes  for  such  officer  or  officers,  when  the  said  last  commis- 
sioners shall  make  a  final  abstract  and  aggregate  of  said 
votes,  and  shall  proceed  to  cause  to  be  issued  certificates  of 
election,  and  otherwise  to  act  as  is  provided  in  this  and  the 
two  preceding  sections. 

Duties  of  County  Clerks  in  Transmitting  Returns. 

Sec.  33.  Whenever  the  returns  are  required  to  be  trans- 
mitted by  one  clerk  of  the  board  of  county  commissioners  to 
the  secretary  of  state,  it  shall  be  the  duty  of  such  clerk,  if 
not  otherwise  directed  by  the  board  of  county  commissioners 
to  deliver  the  same  to  some  postmaster  of  the  county,  at  the 
postoffice,  to  be  transmitted  by  mail,  taking  from  such  post- 
master, if  it  can  be  obtained,  a  certificate  setting  forth  the 
time  when  such  reports  were  deposited  in  the  postoffice, 
which  certificate  the  clerk  shall  file  in  his  office.  If  the 
clerk  of  the  board  of  county  commissioners  should  neglect  or 
refuse  to  make  out  and  transmit  the  returns  or  abstract,  as 
required  by  this  act,  he  shall  be  deemed  guilty  of  a  misde- 
meanor in  office,  and,  upon  conviction  thereof,  shall  be  fined 
in  any  sum  not  less  than  one  hundred  dollars,  or  more  than 
five  hundred  dollars,  and  imprisoned  in  the  county  jail  for 
not  less  than  one  month,  or  more  than  six  months,  or  both 
such  fine  and  imprisonment,  in  the  discretion  of  the  court, 
and  shall  be  removed  from  office. 

Per  Diem  of  Inspector  and  Clerk  of  Election — Mileage  of 
Messenger. 
Sec.  34.     There  shall  be  allowed  out  of  the  county  treas- 
ury of  such  county  to  each  inspector  and  each  clerk  of  elec- 
tion five  dollars  per  diem,  but  in  no  case  to  exceed  twenty 


GENERAL  ELECTIONS  *      47 

dollars  for  all  services  required  by  law  to  be  performed  by 
each  of  them  at  any  one  election.  And  to  the  person  carry- 
ing the  poll-books  from  the  place  of  election  to  the  clerk's 
office,  and  to  the  clerk  of  the  board  of  county  commissioners 
for  attending  at  another  county  to  canvass  votes,  the  sum 
of  fifteen  cents  per  mile  for  going  and  fifteen  cents  per  mile 
for  returning,  to  be  paid  out  of  the  county  treasury. 

Who  May  Contest  an  Election. 

Sec.  35.  Any  elector  of  the  proper  county  may  contest 
the  right  of  any  person  declared  duly  elected  to  an  office 
exercised  in  and  for  such  county ;  and  also,  any  elector  of  a 
township  may  contest  the  right  of  any  person  declared  duly 
elected  to  any  office  in  and  for  such  township,  for  any  of  the 
following  causes:  First — For  malconduct  on  the  part  of 
the  board  of  inspectors,  or  any  member  thereof.  Second — 
When  the  person  whose  right  to  the  office  is  contested  was  not 
at  the  time  of  election  eligible  to  such  officQ. 

Irregularity  of  Returns. 

Sec.  36.  When  any  election,  held  for  an  office  exercised 
in  and  for  a  county,  is  contested  on  account  of  any  malcon- 
duct on  the  part  of  the  board  of  inspectors  of  any  precinct, 
or  any  member  thereof,  the  election  shall  not  be  annulled  and 
set  aside  upon  any  proof  thereof,  unless  the  rejection  of  the 
vote  of  such  precinct  shall  change  the  result  as  to  such  office 
in  the  remaining  vote  in  the  county. 

Contest  Instituted,  How. 

Sec.  37.  When  any  elector  shall  choose  to  contest  the 
right  of  any  person  declared  duly  elected  to  such  office,  he 
shall,  within  forty  days  thereafter,  file  with  the  clerk  of  the 
district  court  a  written  statement,  setting  forth  specifically; 
First — The  name  of  the  party  contesting  such  election,  and 
that  he  is  a  qualified  elector  of  the  district,  county  or  pre- 
cinct (as  the  case  may  be)  in  which  such  election  was  held. 
Second — The  name  of  the  person  whose  right  to  the  office  is 
contested.  Third  —  The  office.  Fourth  —  The  particular 
cause  or  causes  of  such  contests.  Said  statement  shall  be 
verified  by  the  affidavit  of  the  contesting  party  that  the 
matters  and  things  therein  contained  are  true,  to  the  best  of 
his  knowledge  and  belief. 

Proceedings  in  Contests — District  Court  to  Decide. 

Sec.  38.  When  the  reception  of  illegal  votes  is  alleged  as 
a  cause  of  contest,  it  shall  be  sufficient  to  state  generally  that 
illegal  votes  were  given  to  the  person  whose  election  is  con- 
tested in  the  specific  precinct  or  precincts,  which,  if  taken 
from  him,  will  reduce  the  number  of  his  legal  votes  below 
the  number  of  legal  votes  given  to  some  other  person  for  the 
same  office;  but  no  testimony  shall  be  received  of  illegal 
votes  unless  the  party  contesting  such  election  shall  deliver 
to  the  opposite  party,  at  least  three  days  before  such  trial. 


48      *  GENERAL  ELECTIONS 

a  written  list  of  the  number  of  illegal  votes,  and  by  whom 
given,  which  he  intends  to  prove  on  such  trial;  and  no 
testimony  shall  be  received  of  any  illegal  votes  except  such 
as  are  specified  in  such  list;  provided,  that  in  all  cases  of 
contested  elections  the  district  court  of  the  respective  dis- 
tricts shall  have  original  jurisdiction  to  try  and  determine 
all  such  cases,  and  may,  by  mandamus  or  otherwise,  obtain 
all  documentary  evidence  required  by  either  of  the  parties 
litigant. 

Strict  Form  Not  Essential. 

Sec.  39.  No  statement  of  the  cause  of  contest  shall  be 
rejected,  nor  the  proceedings  thereon  dismissed,  by  any  court 
before  which  such  contest  may  be  brought  for  trial,  for  want 
of  form,  if  the  particular  cause  or  causes  of  contest  shall  be 
alleged  with  such  certainty  as  will  sufficiently  advise  the 
defendant  of  the  particular  proceedings  or  causes  for  which 
such  election  is  contested. 

Duties  of  Clerk  of  District  Court. 

Sec.  40.  Upon  such  statement  being  filed,  it  shall  be  the 
duty  of  the  clerk  of  the  district  court  to  inform  the  judge 
thereof,  who  shall  fix  the  time  and  place  to  hear  and  deter- 
mine such  contested  election ;  and  the  clerk  shall  give  notice 
thereof,  not  less  than  ten  nor  more  than  twenty  days  from 
the  date  of  such  notice  to  the  parties  contesting,  which  said 
notice  shall  be  served  by  the  sheriff  of  the  county  upon  the 
respective  parties,  as  in  other  cases. 

Process. 

Sec.  41.  The  said  clerk  shall  issue  subpenas  and  sub- 
penas  duces  tecum,  as  in  civil  actions  of  law,  for  witnesses 
in  such  contested  election  at  the  request  of  either  party,  which 
shall  be  served  by  the  sheriff  as  other  subpenas ;  and  the  dis- 
trict court  shall  have  full  power  to  issue  attachments  to  com- 
pel the  attendance  of  witnesses  who  shall  fail  to  attend,  who 
shall  have  been  duly  subpenaed. 

Duties  of  Clerk  of  District  Court. 

Sec.  42.  Upon  the  certified  copy  of  a  judgment  of  the 
district  court,  or  a  certified  copy  of  the  judgment  of  the 
supreme  court,  as  the  case  may  be,  the  clerk  of  the  board  of 
county  commissioners  shall  issue  a  certificate  to  the  person 
declared  to  be  entitled  to  such  certificate  of  election. 

Fees  of  County  Officers. 

Sec.  43.  The  clerk,  sheriff  and  witnesses  shall  receive 
respectively,  the  same  fees  from  the  party  against  whom  the 
judgment  is  given  as  are  allowed  for  similar  services  in  the 
district  court. 

Effect  of  Judgment  of  Court. 

Sec.  44.  Whenever  an  election  shall  be  annulled  and  set 
aside  by  the  judgment  of  the  district  court,  and  no  appeal 
has  been  taken  therefrom  within  thirty  days,  such  certificate, 


GENERAL  ELECTIONS  49 

if  any  has  been  issued,  shall  thereby  be  rendered  void  and  the 
office  become  vacant. 

Contest  To  Be  Tried,  Where. 

Sec.  45.  In  case  of  any  contest  in  regard  to  any  election 
to  fill  the  office  of  district  judge,  such  contest  shall  be  tried 
in  like  manner  before  the  district  court  of  the  district  nearest 
adjoining  thereto. 

Who  May  Bring  Action. 

Sec.  46.  Any  such  action  may  be  brought  by  the  district 
attorney,  in  the  name  of  the  State  of  Nevada,  upon  his  own 
information  or  upon  the  complaint  of  any  private  party, 
against  any  person  who  unlawfully  holds  any  public  office 
within  the  state;  and  it  shall  be  the  duty  of  the  district 
attorney  to  bring  such  action  whenever  he  has  reason  to 
believe  that  any  such  office  is  unlawfully  held  or  exercised 
by  any  person,  or  when  he  is  directed  to  do  so  by  the  gov- 
ernor. 

Duties  of  District  Attorney — Order  of  Court. 

Sec.  47.  Whenever  such  action  is  brought  the  district 
attorney,  in  addition  to  the  statement  and  cause  of  action, 
may  also  set  forth  in  the  complaint  the  name  of  the  person 
rightly  entitled  to  the  office  or  franchise,  with  a  statement 
of  his  right  thereto ;  and  in  such  case,  upon  proof  by  affidavit 
or  otherwise,  that  the  defendant  has  received  fees  or  emolu- 
ments belonging  to  the  office  or  franchise,  by  means  of  his 
usurpation  thereof,  an  order  may  be  granted  by  a  judge  of 
the  supreme  court,  or  a  district  judge,  for  the  arrest  of  such 
defendant,  and  holding  him  to  bail;  and  thereupon  he  may 
be  arrested  and  held  to  bail  in  the  same  manner  and  with  the 
same  effect,  and  subject  to  the  same  rights  and  liabilities  as 
in  other  civil  actions  where  the  defendant  is  subject  to  arrest. 

Damages  May  Be  Recovered. 

Sec.  48.  If  the  judgment  be  rendered  upon  the  right  of 
the  person  so  alleged  to  be  entitled  in  favor  of  such  person, 
he  may  recover,  by  action,  the  damages  which  he  shall  have 
sustained  by  reason  of  the  usurpation  of  the  office  or  fran- 
chise by  the  defendant. 

One  Action,  When. 

Sec.  49.  When  several  persons  claim  to  be  entitled  or 
elected  to  the  same  office  one  action  may  be  brought  by  or 
against  all  such  persons,  in  order  to  try  their  respective 
rights  to  such  office. 

CONTEST  FOR  THE  MEMBERS  OF  THE  LEGISLATURE 

How  Conducted. 

Sec.  50.  In  case  of  contest  for  senator  or  assemblyman  in 
any  county  in  this  state,  the  party  contesting  shall  file  a 
statement  in  the  office  of  the  county  clerk  of  the  county  in 
which  such  senator  or  assemblyman  may  be  a  resident,  a 


50  GENERAL  ELECTIONS 

concise  statement  of  the  grounds  upon  which  he  intends  to 
rely,  which  statement  shall  be  verified  by  affidavit;  and  it 
shall  be  the  duty  of  the  clerk  to  issue  a  commission,  directed 
to  a  justice  of  the  peace  of  such  county,  to  meet  at  such  time 
and  place  as  shall  be  specified  in  such  commission,  not  less 
than  twenty  nor  more  than  thirty  days  from  the  filing  of 
such  papers,  for  the  purpose  of  taking  the  deposition  of  such 
witnesses  as  the  parties  to  such  contest  may  wish  to  examine, 
and  notice  shall  be  served  upon  the  person  whose  right  to 
such  office  is  contested,  by  the  sheriff  of  the  county,  the  same 
as  provided  for  by  law  in  like  cases. 

Powers  of  Justice  of  the  Peace. 

Sec.  51.  Said  justice  of  the  peace  shall  have  power  at 
any  time  to  issue  subpenas  for  witnesses  at  the  request  of 
either  party,  to  be  served  by  the  sheriff  as  other  subpenas; 
and  said  justice  shall  have  the  same  power  to  issue  attach- 
ments and  assess  fines  against  witnesses  as  is  given  to  justices 
of  the  peace  in  other  trials  instituted  before  him;  and  all 
testimony  taken  before  him  during  such  proceeding  shall  be 
in  writing,  and  shall  be  certified  to  and  forwarded  by  mail 
or  express,  or  delivered  to  the  clerk  of  the  county. 

County  Clerk  to  Seal  and  Deliver  all  Papers  to  Secretary  of 
State. 
Sec.  52.  It  shall  be  the  duty  of  said  clerk  to  seal  up  such 
depositions,  together  with  the  original  statement  of  the 
grounds  of  such  contest,  and  a  copy  of  the  notice  served  upon 
the  party  whose  right  is  contested,  and  the  commission  issued 
to  the  justice  of  the  peace,  and  transmit  the  same  by  mail  to 
the  secretary  of  state,  indorsing  thereon  the  names  of  the 
contesting  parties  and  the  branch  of  the  legislature  before 
which  such  contest  is  to  be  tried. 

Secretary  of  State  to  Deliver  Papers. 

Sec.  53.  It  shall  be  the  duty  of  the  secretary  of  state  to 
deliver  the  same,  unopened,  to  the  presiding  officer  of  the 
house  in  which  such  contest  is  to  be  tried,  on  or  before  the 
second  day  after  the  organization  of  the  legislature  next 
after  taking  such  depositions;  and  such  presiding  officer 
shall  immediately  give  notice  to  said  house  that  said  papers 
are  in  his  possession. 

Depositions  May  Be  Taken,  When  and  How. 

Sec.  54.  At  any  time  after  notice  of  any  contest  shall  be 
given,  and  before  the  trial  of  such  contested  election  before  the 
proper  branch  of  the  legislature,  it  may  be  lawful  for  either 
party  to  such  contest  to  take  depositions,  to  be  read  on  the 
trial  thereof  in  like  manner  and  under  the  same  rules  as  are 
allowed  and  required  in  cases  of  depositions  to  be  read  on 
any  trial  pending  in  the  district  court;  and  such  deposi- 
tions, when  thus  taken,  shall  be  sealed  up  by  the  officer  tak- 
ing the  same  and  directed  to  the  secretary  of  state,  who  shall 


GENERAL  ELECTIONS  51 

keep  the  same,  unopened,  and  deliver  them  to  the  presiding 
officer  of  the  house  in  which  such  contest  is  to  be  tried,  to  be 
disposed  of  by  such  officer  as  the  depositions  specified  in  the 
preceding  sections. 

When  Contest  May  Be  Commenced  for  State  Officers. 

Sec.  55.  Proceedings  to  contest  the  election  of  any  state 
officer  must  be  begun  within  sixty  days  after  the  evidence 
becomes  available  upon  which  the  contest  is  based. 

For  Other  Officers. 

Sec.  56.  Proceedings  to  contest  the  election  of  any  county 
officer,  or  any  officer  other  than  a  state  officer,  must  be  begun 
within  forty  days  after  the  evidence  becomes  available  upon 
which  such  contest  is  based. 

When  Time  Begins  to  Bun. 

Sec.  57.  Delays  arising  from  any  cause  tending  to  pre- 
vent the  obtaining  of  evidence  upon  which  a  contest  is 
brought  shall  not  cause  such  contest  to  fail,  but  the  time 
provided  in  this  act  shall  begin  to  run  only  from  the  day 
when  such  evidence  may  be  freely  available  to  the  person 
contesting  the  election  of  another,  and  from  and  after  the 
passage  of  this  act. 

Whe7i  Demand  for  Becount  Must  Be  Made. 

Sec.  58.  Demands  for  recounts  must  be  made  within  sixty 
days  from  the  day  of  election,  or  after  the  passage  of  this 
act  if  the  recount  is  to  be  had  of  votes  cast  at  the  last  general 
election,  preceding  the  passage  of  this  act. 

FOR  CONTESTING  ELECTION  OF  STATE  OFFICERS 

How  Instituted. 

Sec.  59.  Any  qualified  elector  of  the  state  may  contest 
the  election  of  any  person  declared  duly  elected  to  any  state 
office  within  this  state  by  filing  a  specification  of  the  grounds 
of  such  contest  with  the  clerk  of  the  supreme  court,  which 
specification  shall  be  verified  by  oath  or  affirmation,  and  it 
is  hereby  made  the  duty  of  the  attorney-general  to  prosecute 
such  action  in  the  name  of  the  people  of  the  state,  before 
the  supreme  court,  who  shall  have  original  jurisdiction  in 
such  cases;  the  justices,  or  any  of  them,  shall  have  power 
to  issue  such  process  as  may  be  necessary  to  the  complete 
hearing  and  final  determination  of  such  action. 

Penalty  for  Malfeasance  in  Office. 

Sec.  60.  If  any  person  now  holding  or  who  shall  here- 
after hold  any  office  in  this  state,  who  shall  refuse  or  neglect 
to  perform  any  official  act  in  the  manner  and  form  as  now 
prescribed  by  law,  or  who  shall  be  guilty  of  any  malpractice 
or  malfeasance  in  office,  shall  be  removed  therefrom  as 
herein  prescribed. 

Summary  Proceeding  on  Complaint — Officers  Deposed,  Hoiv. 
Sec.  61.     Whenever  any  complaint  in  writing,  duly  veri- 
fied by  the  oath  of  any  complainant,  shall  be  presented  to 


52  GENERAL  ELECTIONS 

the  district  court  alleging  that  any  officer  within  the  juris- 
diction of  said  court  has  been  guilty  of  charging  and  collect- 
ing any  illegal  fees  for  services  rendered  or  to  be  rendered 
in  his  office,  or  has  refused  or  neglected  to  perform  the 
official  duties  pertaining  to  his  office  as  prescribed  by  law, 
or  has  been  guilty  of  any  malpractice  or  malfeasance  in 
office,  it  shall  be  the  duty  of  the  court  to  cite  the  party 
charged  to  appear  before  him  on  a  certain  day,  not  more 
than  ten  nor  less  than  five  days  from  the  time  when  said 
complaint  shall  be  presented,  and  on  that  day,  or  some  sub- 
sequent day  not  more  than  twenty  days  from  that  on  which 
said  complaint  is  presented,  shall  proceed  to  hear,  in  a  sum- 
mary manner,  the  complaint  and  evidence  offered  by  the 
party  complained  of,  and  if,  on  such  hearing,  it  shall  appear 
that  the  charge  or  charges  of  said  complaint  are  sustained, 
the  court  shall  enter  a  decree  that  said  party  complained  of 
shall  be  deprived  of  his  office,  and  shall  enter  a  judgment 
of  five  hundred  dollars  in  favor  of  the  complainant,  and 
such  costs  as  are  allowed  in  civil  cases. 

Duties  of  Clerk  of  Court. 

Sec.  62.  It  shall  be  the  duty  of  the  clerk  of  the  court  in 
which  such  proceedings  are  had,  to  transmit,  within  three 
dsLjs  thereafter,  to  the  governor  of  the  state,  or  board  of 
county  commissioners  (as  the  case  may  be)  of  the  proper 
county,  a  copy  of  any  decree  or  judgment  declaring  any 
officer  deprived  of  any  office  under  this  act ;  and  it  shall  be 
the  duty  of  the  governor  or  such  board  of  county  commis- 
sioners (as  the  case  may  be)  to  appoint  and  select  some  per- 
son to  fill  said  office  until  a  successor  shall  be  selected  or 
appointed  and  qualified;  and  it  shall  be  the  duty  of  the  person 
so  appointed  to  give  such  bond  and  security  as  are  prescribed 
for  by  law  and  pertaining  to  such  office. 

Officers  Not  to  Hold  Office  Pending  Appeal. 

Sec.  63.  In  case  judgment  of  the  district  court,  as  herein 
provided,  shall  be  against  the  officer  complained  of,  and  an 
appeal  taken  from  the  judgment  so  rendered,  the  officer  so 
appealing  shall  not  hold  the  office  during  the  pending  of 
such  appeal;  but  such  office  shall  be  filled  as  in  case  of 
vacancy. 

BY  CRIMINAL  ACTION 

Officers,  How  Accused  Before  Grand  Jury. 

Sec.  64.  An  accusation,  in  writing,  against  any  district, 
county  or  township  officer,  for  wilful  misconduct  in  office, 
may  be  presented  by  the  grand  jury  of  the  county  for  which 
such  officer  accused  is  elected  or  appointed,  which  accusation 
shall  state  the  offense  charged,  and  shall  be  delivered  by  the 
foreman  of  the  grand  jury  to  the  district  attorney  of  the 
county,  who  shall  cause  a  copy  thereof  to  be  served  upon 
the  defendant,  and  require  by  notice,  in  writing,  of  not  less 
than  ten  days,  that  he  appear  before  the  district  court,  then 


GENERAL  ELECTIONS  53 

sitting,  or  at  the  next  term,  and  answer  the  accusation.  The 
original  accusation  shall  then  be  filed  with  the  clerk  of  the 
district  court. 

Default  May  Be  Taken  Against  the  Accused. 

Sec.  65.  The  defendant  must  appear  at  the  time  appointed 
in  the  notice,  and  answer  the  accusation,  unless  for  some 
sufficient  cause  the  court  assigns  another  day  for  that  pur- 
pose. If  he  do  not  appear  the  court  may  proceed  to  hear  and 
determine  the  accusation  in  his  absence. 

May  Defend,  How. 

Sec.  66.  The  defendant  may  answer  the  accusation,  either 
by  objecting  to  the  sufficiency  thereof  or  to  any  allegation 
therein,  or  by  denying  the  truth  of  the  same. 

Sec.  67.  If  he  objects  to  the  legal  sufficiency  of  the  accu- 
satioil,  the  objection  must  be  in  writing,  but  need  not  be  in 
an.y  specific  form,  it  being  sufficient  if  it  present  intelligently 
the  ground  of  the  objection. 

Sec.  68.  If  he  denies  the  truth  of  the  accusation,  the 
denial  may  be  oral  and  without  oath,  and  shall  be  entered 
upon  the  minutes. 

Sec.  69.  If  any  objection  to  the  sufficiency  of  the  accusa- 
tion be  not  sustained,  the  defendant  shall  be  required  to 
answer  the  accusation  forthwith. 

On  Plea  of  Guilty,  Duties  of  District  Court. 

Sec.  70.  If  the  defendant  plead  guilty,  and  refuse  to 
answer  the  accusation,  the  court  shall  render  judgment  of 
conviction  against  him.  If  he  deny  the  matter  charged,  the 
court  shall  immediately,  or  as  soon  thereafter  as  practicable, 
proceed  to  try  the  accused,  which  trial  shall  be  conducted  in 
all  respects  and  in  like  manner  as  trial  upon  indictment  for 
other  offenses. 

Judgment  of  Court. 

Sec.  71.  Upon  a  conviction,  the  court  shall  immediately, 
or  within  five  days,  as  it  may  appoint,  pronounce  judgment 
that  the  defendant  be  removed  from  office;  but  to  warrant 
a  removal,  the  judgment  must  be  entered  upon  the  minutes, 
assigning  thereon  the  cause  of  removal. 

Appeal  May  Be  Taken. 

Sec.  72.  From  a  judgment  of  removal  an  appeal  may  be 
taken  to  the  supreme  court,  in  the  same  manner  as  from  a 
judgment  in  a  civil  action ;  but  until  such  judgment  be 
reversed  the  defendant  shall  be  suspended  from  his  office. 
Pending  the  appeal  the  office  may  be  filled  as  in  case  of 
vacancy. 

District  Attorney,  How  Prosecuted. 

Sec.  73.  The  same  proceedings  may  be  had  on  like  grounds 
for  the  removal  of  a  district  attorney,  except  that  the  accusa- 
tion shall  be  delivered  to  the  district  judge  of  the  district, 
who  shall  thereupon  appoint  some  one  to  act  as  a  prosecuting 


54  GENERAL  ELECTIONS 

officer  in  the  matter,  or  shall  place  the  accusation  in  the  hands 
of  the  district  attorney  of  the  nearest  adjoining  district,  and 
require  him  to  conduct  the  proceedings. 

BY  IMPEACHMENT 

Proceedings  in  Case  of  Impeachment. 

Sec.  74.  Where  a  civil  officer  of  the  state  is  impeached  by 
the  assembly  for  misconduct  in  office  the  articles  of  impeach- 
ment shall  be  delivered  to  the  president  of  the  senate,  who 
shall  cause  a  copy  thereof  with  a  notice  to  appear  and  answer 
the  same,  at  the  time  and  place  appointed,  to  be  served  on  the 
defendant  not  less  than  ten  days  before  the  day  fixed  for  the 
hearing. 

Service  To  Be  Personal. 

Sec.  75,  The  service  must  be  upon  the  defendant  person- 
ally ;  or  if  he  cannot,  upon  diligent  inquiry,  be  found  within 
the  state ;  the  senate,  upon  due  proof  of  the  fact,  may  order 
that  publication  be  made  in  such  manner  as  they  deem 
proper,  of  a  notice  requiring  him  to  appear  at  a  specified 
time  and  place,  and  answer  the  articles  of  impeachment. 

Procedure  on  Failure  of  Defendant  to  Appear. 

Sec.  76.  If  the  defendant  do  not  appear,  the  senate,  upon 
proof  of  personal  service  or  publication,  as  provided  in  the 
last  two  proceeding  sections,  may,  of  their  own  motion  or 
for  cause  shown,  assign  another  day  for  hearing  the  impeach- 
ment, or  may  then,  or  at  any  other  time  which  they  may 
appoint,  proceed,  in  the  absence  of  the  defendant,  to  trial 
and  judgment. 

How  a  Defendant  May  Answer. 

Sec.  77.  When  the  defendant  appears,  he  must  answer 
to  the  articles  of  impeachment,  which  he  may  do  either  by 
objecting  to  the  sufficiency  of  the  same,  or  any  article  thereof, 
or  denying  the  truth  of  the  same. 

Objections,  How  Made. 

Sec.  78.  If  the  defendant  object  to  the  sufficiency  of  the 
impeachment  the  objection  must  be  in  writing,  but  need  not 
be  in  any  specific  form,  it  being  sufficient  if  it  presents  intelli- 
gibly the  grounds  of  the  objection.  If  he  deny  the  truth  of 
the  impeachment,  the  denial  may  be  oral  and  without  oath 
and  shall  be  entered  upon  the  journal. 

Senate  May  Give  Judgment,  When. 

Sec.  79.  If  he  plead  guilty  or  refuse  to  plead,  the  senate 
shall  render  judgment  of  conviction  against  him.  If  he 
deny  the  matter  charged,  the  senate  shall,  at  such  time  as 
they  may  appoint,  proceed  to  try  the  impeachment.  The 
chief  justice  of  the  supreme  court  shall  preside  over  the 
senate  while  sitting  to  try  the  governor  or  lieutenant-governor 
upon  impeachment,  and  in  all  other  cases  the  president  of 
the  senate. 


GENERAL  ELECTIONS  55 

Oath  Administered,  by  Whom. 

Sec.  80.  At  the  time  and  place  appointed,  before  the  sen- 
ate proceed  to  act  on  the  impeachment,  the  secretary  shall 
administer  to  the  president  of  the  senate  or  chief  justice  (as 
the  case  may  be)  and  the  president  of  the  senate  or  chief 
justice  (as  the  case  may  be)  to  each  of  the  members  of  the 
senate  then  present,  an  oath  or  affirmation,  truly  and  impar- 
tially to  hear,  try  and  determine  the  impeachment. 

Judgment. 

Sec.  81.  The  judgment  may  be  that  the  defendant  be 
suspended  and  removed  from  office,  or  that  he  be  removed 
from  office,  and  disqualified  to  hold  and  enjoy  a  particular 
office,  or  class  of  offices,  or  any  office  of  honor,  trust  or  profit 
under  the  constitution  and  laws  of  this  state. 

Penalties  of  Impeachment. 

Sec.  82.  If  judgment  of  suspension  be  given  on  the  votes 
of  two-thirds  of  the  members  elected  to  each  branch  of  the 
legislature,  the  defendant  shall,  during  the  continuance 
thereof,  be  disqualified  from  receiving  the  salary,  fees  or 
emoluments  of  the  office ;  and  the  judge,  district  attorney,  or 
any  state  officer  complained  of,  shall  be  served  with  a  copy 
of  the  complaint  against  him,  and  have  an  opportunity  of 
being  heard  in  person  or  by  counsel  in  his  defense ;  provided, 
that  no  member  of  either  branch  of  the  legislature  shall  be 
eligible  to  fill  the  vacancy  occasioned  by  such  removal. 

Suspended  From  Office,  When. 

Sec.  83.  When  articles  of  impeachment  shall  be  presented 
against  the  president  of  the  senate  such  officer  shall  be  tem- 
porarily suspended  from  his  office,  and  shall  not  act  in  his 
official  capacity  until  duly  acquitted.  Upon  such  suspension 
of  any  state  officer  whose  office  is  created  by  the  constitution 
or  laws-  of  this  state,  the  governor  shall  immediately  take 
charge  of  his  office,  and  such  office  shall  at  once  be  tempo- 
rarily filled  by  appointment  by  the  governor,  until  the 
acquittal  of  the  party  impeached,  or,  in  case  of  his  removal, 
then  until  the  vacancy  be  filled  as  provided  by  law. 

Penalties  for  Violating  Election  Law. 

Sec.  84.  Every  person  charged  with  the  performance  of 
any  duty  under  the  provisions  of  any  law  of  this  state  relat- 
ing to  elections,  who  wilfully  neglects  or  refuses  to  perform 
it,  or  who,  in  his  official  capacity,  knowingly  and  fraudulently 
acts  in  contravention  or  violation  of  any  of  the  provisions  of 
such  laws,  shall  be  deemed  guilty  of  a  felony,  and  punishable 
by  a  fine  not  exceeding  one  thousand  dollars,  or  by  imprison- 
ment in  the  state  prison  not  exceeding  five  years,  or  by  both 
such  fine  and  imprisonment. 

Misdemeanor — Penalty. 

Sec.  85.  Every  person  who  after  being  required  by  the 
board  of  judges  at  any  election,  refuses  to  be  sworn,  or  who, 


56  GENERAL  ELECTIONS 

after  being  sworn,  refuses  to  answer  any  pertinent  question 
propounded  by  such  board  touching  his  right,  or  the  right  of 
any  other  person  to  vote,  is  guilty  of  a  misdemeanor,  punish- 
able by  a  fine  not  exceeding  five  hundred  dollars,  or  imprison- 
ment in  the  county  jail  not  exceeding  three  months,  or  by 
both  such  fine  and  imprisonment. 

Fraud  on  Ballot  Box — Felony — How  Punished. 

Sec.  86.  Every  person  not  entitled  to  vote  who  fraudu- 
lently votes,  and  every  person  who  votes  more  than  once  at 
any  election,  or  knowingly  hands  in  two  or  more  tickets 
folded  together,  or  changes  any  ballot  after  the  same  has 
been  deposited  in  the  ballot  box,  or  adds,  or  attempts  to 
add,  any  ballot  to  those  legally  polled  at  any  election,  either 
by  fraudulently  introducing  the  same  into  the  ballot  box 
before  or  after  the  ballots  therein  have  been  counted,  or  adds 
to  or  mixes  with,  or  attempts  to  add  or  mix  with  the  ballots 
lawfully  provided,  other  ballots  while  the  same  are  being 
counted  or  canvassed,  or  abstracts  any  ballots  lawfully  polled 
at  any  other  time  with  intent  to  change  the  result  of  such 
election,  or  carries  away  or  destroys,  or  attempts  to  carry 
away  or  destroy  any  poll  list  or  ballots,  or  ballot  box,  for  the 
purpose  of  breaking  up  or  invalidating  such  election,  or 
wilfully  detains,  mutilates  or  destroys  any  election  returns, 
or  in  any  manner  so  interferes  with  the  officers  holding  such 
election  or  conducting  such  canvass,  or  with  voters  lawfully 
exercising  their  right  of  voting  at  such  election,  as  to  pre- 
vent such  election  or  canvass  from  being  fairly  held  and  law- 
fully conducted,  shall  be  guilty  of  a  felony,  punishable  by  a 
fine  not  exceeding  one  thousand  dollars,  or  by  imprisonment 
in  the  state  prison  not  exceeding  five  years,  or  by  both  such 
fine  and  imprisonment. 

Fraudulent  Voting — Penalty. 

Sec.  87.  Every  person  not  entitled  to  vote  who  fraudu- 
lently attempts  to  vote,  or  who,  being  entitled  to  vote, 
attempts  to  vote  more  than  once  at  any  election,  or  who  pro- 
cures, aids,  assists,  counsels,  or  advises  another  to  give  or 
offer  his  vote  at  any  election,  knowing  that  the  person  is  not 
qualified  to  vote,  shall  be  guilty  of  a  misdemeanor,  punish- 
able by  a  fine  not  exceeding  two  hundred  dollars,  or  by 
imprisonment  in  the  county  jail  not  exceeding  sixty  days,  or 
by  both  such  fine  and  imprisonment. 

Misdemeanor  to  Violate  Secrecy  of  Ballot — Forging  Returns 
a  Felony. 
Sec.  88.  Every  inspector,  judge,  or  clerk  of  an  election 
who,  previous  to  putting  the  ballot  of  an  elector  in  the  ballot 
box,  attempts  to  find  out  any  name  on  such  ballot,  or  who 
opens  or  suffers  the  folded  ballot  of  any  elector  which  has 
been  handed  in,  to  be  opened  or  examined  previous  to  putting 
the  same  into  the  ballot  box,  or  makes  or  places  any  mark  or 
device  on  any  folded  ballot,  with  a  view  to  ascertain  the 


GENERAL  ELECTIONS  57 

name  of  any  person  for  whom  the  elector  has  voted,  or  who, 
without  the  consent  of  the  elector,  discloses  the  name  of  any 
person  which  such  inspector,  judge  or  clerk  has  fraudulently 
or  illegally  discovered  to  have  voted  for  by  such  elector,  is 
punishable  by  a  fine  of  not  less  than  fifty  nor  more  than  five 
hundred  dollars.  Every  person  who  forges  or  counterfeits 
returns  of  an  election  purporting  to  have  been  held  at  a  pre- 
cinct, town  or  ward,  when  no  election  was  in  fact  held,  or 
wilfully  substitutes  forged  or  counterfeit  returns  of  election 
in  place  of  the  true  returns  of  a  precinct,  town  or  ward 
where  an  election  was  actually  held,  is  punishable  by  impris- 
onment in  the  state  prison  for  a  term  of  not  less  than  two  nor 
more  than  ten  years. 

Bribery,  Intimidation  or  Menace — Penalty. 

Sec.  89.  Every  person,  who  by  force,  threats,  menaces, 
bribery,  or  any  corrupt  means,  either  directly  or  indirectly, 
attempts  to  influence  any  elector  in  giving  his  vote,  or  to 
deter  him  from  giving  the  same,  or  attempts  by  any  means 
to  awe,  restrain,  hinder  or  disturb  any  elector  in  the  free 
exercise  of  the  right  of  suffrage,  or  furnishes  an  elector  wish- 
ing to  vote,  who  cannot  read,  with  a  ticket,  informing  or 
giving  such  elector  to  understand  that  it  contains  a  name 
written  or  printed  thereon  different  from  the  name  which 
is  written  or  printed  thereon,  or  defrauds  any  elector  at  such 
election  by  deceiving  and  causing  such  elector  to  vote  for 
a  different  person  or  any  office  than  he  intended  or  desired 
to  vote  for,  or  who,  being  inspector,  judge  or  clerk  of  any 
election,  while  acting  as  such,  induces  or  attempts  to  induce, 
any  elector  either  by  menace  or  reward,  or  promise  thereof, 
to  vote  different  from  what  such  elector  intended  or  desired 
to  vote,  shall  be  guilty  of  a  felony,  punishable  by  a  fine  not 
exceeding  one  thousand  dollars,  or  imprisonment  in  the  state 
prison  not  exceeding  five  years,  or  by  both  such  fine  and 
imprisonment. 

Promoter  of  Candidates  Punished — Penalty. 

Sec.  90.  Every  person  who,  with  the  intent  to  promote  the 
election  of  himself,  or  any  other  person,  either :  First — Fur- 
nishes entertainment  at  his  expense  to  any  meeting  of  elect- 
ors previous  to  or  during  an  election.  Second — Pays  fol', 
procures  or  engages  to  pay  for  any  such  entertainment. 
Third — Furnishes  or  engages  to  pay  or  deliver  any  money  or 
property  for  the  purpose  of  procuring  the  attendance  of 
voters  at  the  polls,  or  for  the  purpose  of  compensating  any 
person  for  procuring  attendance  of  voters  at  the  polls,  except 
for  the  conveyance  of  voters  who  are  sick  or  infirm.  Fourth — 
Furnishes  or  engages  to  pay  or  deliver  any  money  or  prop- 
erty for  any  purpose  intended  to  promote  the  election  of  any 
candidate,  except  for  the  expenses  of  holding  and  conducting 
public  meetings,  for  the  discussion  of  public  questions,  and  of 
printing  and  circulating  ballots,  handbills  and  other  papers 


58  GENERAL  ELECTIONS 

previous  to  such  election,  shall  be  guilty  of  a  misdemeanor, 
punishable  by  a  fine  not  exceeding  five  hundred  dollars,  or 
imprisonment  not  exceeding  six  months  in  the  county  jail. 

Bribery  or  Attempt  to  Bribe  a  Felony. 

Sec.  91.  Every  person  who  gives  or  offers  a  bribe  to  any 
officer  or  member  of  any  legislature,  caucus,  political  conven- 
tion, committee,  primary  election,  or  political  gathering  of 
any  kind,  held  for  the  purpose  of  nominating  candidates  for 
offices  of  honor,  trust,  or  profit  in  this  state,  with  intent  to 
influence  the  person  to  whom  such  bribe  is  given  or  offered 
to  be  more  favorable  to  one  candidate  than  another,  shall  be 
guiltj^  of  a  felony,  punishable  by  a  fine  not  exceeding  five 
thousand  dollars,  or  ten  years'  imprisonment  in  the  state 
prison,  or  both  such  fine  and  imprisonment. 

Contingent  Promises  of  Appointment. 

Sec.  92.  Every  person  who,  being  a  candidate  at  any  elec- 
tion, offers  or  agrees  to  appoint  or  procure  the  appointment 
of  any  particular  person  to  office,  position  or  employment  as 
an  inducement  or  consideration  to  any  person  to  vote  for, 
or  procure  or  aid  in  procuring  the  election  of  such  candidate, 
or  person  not  being  a  candidate,  who  communicates  any  offer 
made  in  violation  of  this  and  the  preceding  section,  to  any 
person  with  intent  to  induce  him  to  vote  for,  or  to  procure 
aid  in  procuring  the  election  of  the  candidate,  shall  be  deemed 
guilty  of  a  felony,  punishable  by  imprisonment  not  exceeding 
five  years,  or  a  fine  not  exceeding  five  thousand  dollars  or  by 
both  such  fine  and  imprisonment. 

Sale  of  Liquor  Prohibited. 

Sec.  93.  No  person  shall  sell,  give  away  or  furnish,  or 
cause  to  be  sold,  given  away  or  furnished,  either  for  or  with- 
out pay,  within  this  state,  on  any  day  upon  which  a  general 
election  is  held,  nor  within  the  limits  of  any  county,  or  city, 
or  on  any  day  upon  which  any  special  or  municipal  election 
is  held  therein,  any  spirituous,  malt  or  fermented  liquors  or 
wines ;  and  any  one  so  doing  shall  be  deemed  guilty  of  a  mis- 
demeanor, and,  upon  conviction  thereof,  shall  be  fined  in  any 
sum  not  less  than  one  hundred  nor  more  than  one  thousand 
dollars,  or  by  imprisonment  in  the  county  jail  not  less  than 
one  nor  more  than  six  months,  or  by  both  such  fine  and 
imprisonment,  in  the  discretion  of  the  court ;  and  it  shall  be 
the  duty  of  the  judges  of  the  district  courts  of  the  several 
judicial  districts  in  this  state  to  specially  give  this  act  in 
charge  to  every  grand  jury  impaneled  in  their  respective  dis- 
tricts. 

Duties  of  Governor — Rewards  Offered. 

Sec.  94.  The  governor  is  hereby  authorized  and  directed, 
at  least  thirty  days  previous  to  any  general  election,  and 
fifteen  days  previous  to  any  special  election,  to  issue  a  proc- 
lamation offering  a  reward  of  one  hundred  dollars  for  the 


AUSTRALIAN  BALLOT  LAW  59 

arrest  and  conviction  of  any  person  violating  any  of  the 
provisions  of  this  act  when  the  crime  is  a  misdemeanor,  and 
a  reward  of  two  hundred  dollars  for  the  arrest  and  convic- 
tion of  any  person  guilty  of  a  felony,  as  herein  provided ;  and 
such  rewards  to  be  paid  until  the  total  amount  hereafter 
expended  for  the  purpose  reaches  the  sum  of  ten  thousand 
dollars,  payable  out  of  any  moneys  in  the  state  treasury  not 
otherwise  appropriated.  And  all  moneys  collected  under  the 
provisions  of  this  act  shall  revert  to  the  general  school  fund 
of  the  several  counties  where  such  cases  were  brought. 

Duties  of  Secretary  of  State  and  County  Clerks. 

Sec.  95.  It  shall  be  the  duty  of  the  secretary  of  state  to 
cause  to  be  printed  in  pamphlet  form  a  requisite  number  of 
copies  of  this  act,  with  marginal  notes  and  properly  indexed, 
a  suitable  number  of  which  shall  be  forwarded  by  him  to  the 
county  clerks  of  the  several  counties  of  this  state  at  least 
sixty  days  previous  to  the  holding  of  any  general  election, 
and  at  least  twenty  days  previous  to  the  holding  of  any  spe- 
cial election ;  and  it  is  hereby  made  the  duty  of  said  county 
clerks  to  enclose  in  each  and  every  ballot  box  sent  out  by 
them,  to  be  used  at  the  various  precincts  of  their  respective 
counties,  five  or  more  copies  of  said  act,  as  in  their  judgment 
they  may  deem  proper. 

Chapter  5 — Australian  Ballot  Lav^ 

Ballots,  How  Provided. 

Section  1.  All  ballots  cast  in  elections  for  public  officers 
within  this  state  shall  be  printed  and  distributed  at  public 
expense,  as  hereinafter  provided.  The  printing  of  general 
tickets  and  cards  of  instruction  for  the  electors  of  each 
count}^,  and  the  delivery  of  the  same  to  the  election  officers, 
as  provided  for  in  this  act,  shall  be  a  county  charge,  the  pay- 
ment of  which  shall  be  provided  for  in  the  same  manner  as 
the  payment  of  other  county  expenses,  and  in  case  of  separate 
elections  for  city,  town  or  district  officers,  the  printing  and 
delivery  of  tickets  and  cards  of  instruction  shall  be  a  charge 
upon  the  city,  town  or  district  in  which  said  tickets  and  cards 
are  to  be  used,  the  payment  of  which  shall  be  provided  for  in 
the  same  manner  as  the  payment  of  other  city,  county  or  dis- 
trict expenses. 

Nominations,  How  Made — Convention  Defined. 

Sec.  2.  A  convention  within  the  meaning  of  this  act  is  an 
organized  assemblage  of  delegates  representing  a  political 
party.  Convention  shall  be  held  for  selection  of  presidential 
electors,  nomination  of  delegates  to  national  convention  and 
formulating  a  platform. 

How  Other  Nominations  May  Be  Made — Independent  Nomi- 
nations. 
Sec.  3.     A  candidate  for  public  office  may  be  nominated 
otherwise  than  by  a  primary  election  in  the  manner  follow- 


60  AUSTRALIAN  BALLOT  LAW 

ing :  A  certificate  of  nomination  shall  be  signed  by  electors 
residing  within  the  district  or  political  division  for  which 
candidates  are  to  be  presented  equal  in  number  to  at  least  ten 
per  cent  of  the  entire  vote  cast  at  the  last  preceding  election 
in  the  state,  district  or  political  division  for  which  the  nomi- 
nation is  to  be  made ;  provided,  that  such  certificates  shall  not 
be  valid  unless  signed  by  five  voters.  Said  signatures  need 
not  all  be  appended  to  one  paper,  but  each  signer  shall  add  to 
his  signature  his  place  of  residence.  One  of  the  signers  of 
each  such  certificate  shall  swear  that  the  statements  therein 
made  are  true,  to  the  best  of  his  knowledge  and  belief,  and  a 
certificate  of  such  oath  shall  be  annexed.  Such  certificate  of 
nomination  shall  have  the  same  effect  as  a  nomination  made 
by  a  primar}^  election.  The  certificate  of  nomination  herein 
provided  for  shall  state  the  name  of  the  party  or  principle 
which  the  person  nominated  by  petition  of  electors  represents 
but  in  so  doing  the  name  of  no  political  party  existing  at  the 
last  preceding  general  election  shall  be  used. 

Certificates  of  Nomination  To  Be  Filed,  Where. 

Sec.  4.  Certificates  of  nomination  of  candidates  for  offices 
to  be  voted  for  by  the  electors  of  the  entire  state  shall  be 
filed  with  the  secretary  of  state.  Certificates  of  nomination 
of  candidates  for  all  other  public  offices  shall  be  filed  with 
the  clerks  of  the  respective  counties  wherein  the  officers  are  to 
be  voted  for,  and  where  a  district  embraces  more  than  one 
county,  such  certificate  shall  be  filed  with  the  clerk  of  each  of 
said  counties. 

Certificates  to  Embrace,  What. 

Sec.  5.  No  certificate  of  nomination  shall  contain  the  name 
of  more  than  one  candidate  for  each  office  to  be  filled.  No 
person  shall  join  in  nominating,  under  the  provisions  of  sec- 
tion 4  of  this  act,  more  than  one  nominee  for  each  office  to  be 
filled,  and  no  person  who  has  voted  in  a  convention  either  in 
person  or  by  proxy,  for  or  against  a  candidate  for  any  office, 
shall  join  in  nominating,  in  any  manner,  any  other  nominee 
for  that  office,  and  no  person  shall  accept  a  nomination  to 
more  than  one  office. 

Certificates,  When  and  Where  Filed. 

Sec.  6.  Certificates  of  nomination  required  to  be  filed 
with  the  secretary  of  state  and  with  the  county  clerk  or  clerks, 
as  the  case  may  be,  as  provided  in  section  4,  chapter  5  of  this 
act,  shall  be  filed  not  less  than  ten  days  prior  to  the  first 
Tuesday  in  September  of  the  year  in  which  such  elections 
shall  take  place. 

Sec.  7.  The  fees  for  filing  certificate  of  nomination  shall 
be  the  same  as  hereinbefore  provided  for  filing  nomination 
papers  in  primary  elections. 

Duties  of  Secretary  of  State. 

Sec.  8.     Not  less  than  thirty-five  days  before  an  election  to 


I 


AUSTRALIAN  BALLOT  LAW  61 

fill  any  public  office,  the  secretary  of  state  shall  certify  to  the 
county  clerk  of  each  county  within  this  state  the  name  of  each 
person,  and  the  name  of  the  office  for  which  he  is  nominated, 
as  specified  in  the  certificate  of  nomination  filed  with  him. 

Nominations,  How  Puhlished. 

Sec.  9.  Not  less  than  ten  days  before  an  election  to  fill  any 
public  office  or  offices,  the  county  clerk  shall  cause  to  be  pub- 
lished all  the  nominations  certified  to  or  filed  with  him.  Said 
nominations  shall  be  published  in  a  newspaper  printed  within 
the  county.  When  no  newspaper  is  printed  within  the 
county,  the  publication  shall  be  made  by  posting  a  copy  of 
the  ballot  in  a  public  place  in  each  election  precinct  within 
the  county,  one  of  which  copies  shall  be  posted  at  the  court- 
house door.  When  publication  is  made  by  printing  in  news- 
papers, at  least  two  publications  by  such  newspaper  shall  be 
required,  one  of  which  shall  appear  in  the  last  regular  issue 
of  such  paper  before  election  day. 

Secretary  of  State  to  Certify  Constitutional  Amendment  to 
County  Clerks — Punishment  for  Neglect. 
Sec.  10.  When  any  proposed  constitution,  constitutional 
amendment  or  other  question  is  to  be  submitted  to  the  popu- 
lar vote,  the  secretary  of  state  shall,  within  ninety  days  before 
the  election  at  which  such  constitution,  constitutional  amend- 
ment or  question  is  to  be  voted  upon,  certify  the  same  to  each 
county  clerk  of  this  state,  sending  to  each  of  said  clerks 
enough  copies  of  such  constitution,  constitutional  amend- 
ments or  other  questions  to  supply  each  inspector  of  election 
and  enough  additional  copies  to  carry  out  the  provisions  of 
this  act.  And  it  is  hereby  made  the  duty  of  the  county 
clerks  of  each  county  to  have  posted,  ten  days  before  the 
election,  in  each  election  precinct,  three  copies  of  said  con- 
stitution, constitutional  amendments  or  other  questions  to  be 
voted  on,  one  of  which  copies  shall  be  posted  at  the  place  of 
holding  the  polls.  If  there  is  a  newspaper  published  in  the 
county,  the  county  clerk  shall  cause  to  be  published  said  con- 
stitution, constitutional  amendment,  or  other  question  therein 
three  times;  one  publication  thereof  shall  be  at  least  thirty 
days  before  election  ;  another  not  less  than  twenty  days ;  and 
the  other  not  more  than  ten  days  before  said  election.  Any 
secretary  of  state  or  county  clerk  of  this  state  who  shall  fail 
to  comply  with  the  provisions  of  this  act  shall  be  deemed 
guilty  of  a  misdemeanor,  and  on  conviction  shall  be  fined  in 
a  sum  not  less  than  $100,  nor  more  than  $500. 

Duties  of  County  Clerk  and  Secretary  in  Relation  to  Ballots. 
Sec.  11.  It  shall  be  the  duty  of  the  county  clerk  at  least 
ten  days  before  an  election  to  provide  printed  ballots  for  every 
election  for  public  offices,  in  which  any  voters  within  the 
county  participate,  and  to  cause  to  be  printed  in  the  ballot 
prescribed  herein,  the  name  of  each  and  every  candidate 


62  AUSTRALIAN  BALLOT  LAW 

whose  name  has  been  certified  to,  or  filed  with  him  as  pro- 
vided in  this  act.  Ballots,  other  than  those  printed,  as 
provided  in  this  act,  shall  not  be  cast,  or  counted,  in  any  elec- 
tion. All  ballots  shall  be  printed  on  tinted  paper,  furnished 
by  the  secretary  of  state.  It  shall  be  the  duty  of  the  secre- 
tary of  state  to  obtain  and  keep  on  hand  a  sufficient  supply 
of  such  paper  for  ballots,  and  at  least  fifteen  days  before  an 
election  to  furnish  the  same  in  quantities  ordered  to  any 
county  clerk,  and  all  county  clerks  are  hereby  required  to 
notify  the  said  secretary  of  state  at  least  twenty-five  days 
before  an  election  of  the  amount  of  such  paper  they,  and  each 
of  them,  will  require.  Said  paper  shall  be  water-marked  with 
a  design  furnished  by  the  secretary  of  state,  in  such  manner 
that  the  said  water-mark  shall  be  plainly  discernible  on  the 
outside  of  such  ballot  when  properly  folded.  Such  design 
shall  be  changed  for  each  general  election,  and  the  same 
design  shall  not  be  used  again  at  any  general  election  within 
the  space  of  eight  years,  but  at  any  special  or  separate  local 
election  paper  marked  with  the  design  used  at  any  previous 
election  may  be  used. 

Ballot,  How  Printed,  Numbered  and  Ruled — Specifications 
as  to  Type,  etc. 
Sec.  12.  On  each  ballot  a  perforated  line  shall  extend 
from  top  to  bottom,  one-half  inch  from  the  right-hand  side  of 
such  ballot,  and  upon  the  half-inch  strip  thus  formed  there 
shall  be  no  writing  or  printing,  except  the  number  of  the 
ballot^  which  shall  be  upon  the  back  of  the  strip  in  such  posi- 
tion that  it  shall  appear  on  the  outside  when  the  ballot  is 
folded.  The  number  on  each  ballot  shall  be  the  same  as  that 
on  the  corresponding  stub,  and  the  ballots  and  stubs  shall  be 
numbered  consecutively  in  each  county.  Where  the  names 
of  candidates  are  printed  in  separate  columns,  the  columns 
shall  be  separated  by  heavy  rules,  and  on  all  ballots  the  names 
of  candidates  shall  be  separated  by  a  rule  extending  to  the 
extreme  right  of  the  column.  All  ballots  shall  contain  the 
name  of  each  and  every  candidate  whose  nomination  for  any 
office  specified  in  the  ballot  has  been  certified  to  and  filed 
according  to  the  provisions  of  this  act,  and  no  other  name. 
The  names  of  the  candidates  for  each  office  shall  be  arranged 
under  the  designation  of  the  office  in  alphabetical  order, 
according  to  the  surname,  except  that  the  names  of  candi- 
dates for  presidential  electors  shall  be  arranged  in  groups 
as  presented  in  the  several  certificates  of  nomination;  the 
political  designation  of  each  candidate  shall  be  printed 
opposite  his  name.  There  shall  be  left  at  the  end  of  the  list 
of  candidates  for  each  office,  a  blank  space  to  be  used  only 
for  substituting  the  names  to  fill  vacancies.  There  shall  be 
a  margin  at  the  right-hand  side  of  the  names  at  least  one- 
half  inch  wide,  so  that  the  voter  may  clearly  indicate  in  the 
way  hereinafter  described  the  candidate  or  candidates  for 


AUSTRALIAN  BALLOT   LAW  63 

whom  he  wishes  to  vote.  Whenever  any  question  is  to  be 
submitted  to  the  vote  of  the  people,  it  shall  be  printed  upon 
the  ballot,  in  such  manner  as  to  enable  the  electors  to  vote 
upon  the  question  in  the  manner  hereinafter  provided  with 
a  brief  statement  of  the  purport  of  such  question.  There 
shall  be  printed  on  the  ballots  opposite  the  designation  of 
each  office  such  words  as  will  aid  the  voter  to  indicate  his 
choice  of  candidate,  such  as  "vote  for  one,"  "vote  for  three," 
and  the  like. 

Number  of  Ballots  and  How  Bound. 

Sec.  13.  All  ballots  when  printed  shall  be  bound  in  stub- 
books  of  five,  ten,  twenty-five,  fifty  and  one  hundred  ballots 
each.  A  record  of  the  number  of  ballots  printed  for  them 
shall  be  kept  by  the  respective  county  clerks. 

Number  of  Ballots  per  Registered  Voter. 

Sec.  14.  The  county  clerk  shall  provide  for  each  election 
precinct  in  the  county  at  least  two  ballots  for  each  voter  reg- 
istered therein,  and  not  more  than  five  ballots  in  excess 
thereof. 

Duties  of  County  Commissioners. 

Sec.  15.  Whenever  it  shall  appear,  by  affidavit,  that  an 
error  or  omission  has  occurred  in  the  publication  of  the  name 
or  description  of  any  of  the  candidates  nominated,  or  in  the 
printing  of  the  ballots,  any  member  of  the  board  of  county 
commissioners,  upon  application  by  any  voter  shall  issue  an 
order  requiring  the  county  clerk  to  correct  such  error. 

Duties  of  Officers  on  Loss  or  Destruction  of  Ballots. 

Sec.  16.  Before  the  opening  of  the  polls,  at  any  election, 
the  county  clerk  shall  cause  to  be  delivered  to  the  board  of 
election  of  each  election  precinct  in  his  county  the  proper 
number  of  tickets  of  the  kind  to  be  used  in  the  election  pre- 
cinct. In  case  of  prevention  of  an  election  in  any  precinct 
by  reason  of  the  loss  or  destruction  of  the  ballots  intended 
for  that  precinct,  or  for  any  other  cause,  the  inspector  or 
other  election  officer  for  the  precinct  shall  make  an  affidavit 
setting  forth  the  fact  and  transmit  it  to  the  governor  of  the 
state.  Upon  receipt  of  such  affidavit,  and  upon  the  applica- 
tion of  any  candidate  for  any  office  to  be  voted  for  by  the 
voters  of  such  precinct,  the  governor  shall  order  a  new  elec- 
tion in  such  precinct. 

Clerks  of  Election,  How  Selected. 

Sec.  17.  At  the  same  time  and  in  the  same  manner  as 
inspectors  and  judges  of  election  are  now  appointed  in  this 
state,  there  shall  be  appointed  two  clerks  of  election,  who 
shall  have  charge  of  the  ballots  on  election  day,  and  shall 
furnish  them  to  the  voters  in  the  manner  hereinafter  provided 
for.  Said  clerks  of  election  shall  possess  the  same  qualifica- 
tions and  receive  the  same  compensation  as  inspectors  of 
election.     Said  clerks  shall  be  selected  from  the  political  par- 


64  AUSTRALIAN  BALLOT  LAW 

ties  which  polled  the  largest  and  the  next  largest  votes  in  the 
precinct  at  the  last  preceding  general  election. 

Booths  and  Ballot  Box  Provided. 

Sec.  18.  The  board  of  county  commissioners  shall  provide, 
at  each  polling  place  within  the  county,  a  sufficient  number  of 
places,  booths  or  compartments,  in  which  voters  may  con- 
veniently mark  their  ballots,  that  in  the  marking  thereof  they 
may  be  screened  from  the  observation  of  others,  and  a  guard 
rail  shall  be  so  placed  that  only  such  persons  as  are  inside  said 
rail  can  approach  within  six  feet  of  the  ballot  box  and  of 
such  booths  or  compartments.  The  arrangement  shall  be 
such  that  neither  the  ballot  box  nor  the  booths  or  compart- 
ments shall  be  hidden  from  the  view  of  those  just  outside  the 
guard  rail.  The  number  of  such  booths  or  compartments 
shall  not  be  less  than  one  for  each  fifty  or  fraction  of  fifty 
voters  registered  in  the  precinct.  Each  of  said  booths  or  com- 
partments shall  be  kept  provided  with  proper  supplies  and 
conveniences  for  marking  ballots.  No  person,  other  than 
voters  engaged  in  receiving,  preparing  or  depositing  their 
ballots,  shall  be  permitted  inside  said  guard  rail  during  the 
time  the  polls  are  open,  except  by  authority  of  the  board  of 
election,  and  in  that  case  only  for  the  purpose  of  keeping 
order  and  enforcing  the  law. 

How  To  Vote. 

Sec.  19.  Any  person  desiring  to  vote  shall  give  his  name 
and  address  to  one  of  the  clerks  of  election,  who  shall 
announce  the  same,  and  if  the  other  clerks  shall  find  the  name 
upon  the  registry  list,  he  shall  repeat  the  name  and  address. 
One  ballot  shall  then  be  given  to  the  voter,  and  the  number  of 
the  said  ballot  shall  be  written  by  one  of  the  clerks  of  election 
upon  the  registry  list  opposite  the  name  of  the  voter  receiv- 
ing it. 

Ballot,  How  Prepared — Marking  Done  With  Stamp. 

Sec.  20.  On  receiving  his  ballot  the  voter  shall  immedi- 
ately retire  alone  to  one  of  the  places,  booths,  or  compart- 
ments. He  shall  prepare  his  ballot  by  stamping  a  cross  or 
X  in  the  square,  and  in  no  other  place,  after  the  name  of  the 
person  for  whom  he  intends  to  vote  for  each  office.  In  case 
of  a  constitutional  amendment  or  other  question  submitted  to 
the  voters,  the  cross  or  X  shall  be  placed  in  the  square  after 
the  answer  which  he  desires  to  give.  Such  stamping  shall  be 
done  only  with  a  stamp  in  black  ink,  which  stamp,  ink  and 
ink  pad  shall  be  furnished  in  sufficient  number  by  the  county 
clerk  for  each  election  precinct  in  the  county.  Before  leav- 
ing the  booth  or  compartment  the  voter  shall  fold  his  ballot 
in  such  manner  that  the  water-mark  and  the  number  of  the 
ballot  shall  appear  on  the  outside,  without  exposing  the 
stamps  upon  the  ballot,  and  shall  keep  it  so  folded  until  he 
has  voted.  Having  folded  his  ballot,  the  voter  shall  deliver  it 
with  stamp,  ink  and  pad,  to  the  inspector,  who  shall  announce 


AUSTRALIAN  BALLOT  LAW  65 

the  name  of  the  voter  and  the  number  of  his  ballot.  The 
clerk  having  the  registry  list  in  charge,  if  he  finds  the  num- 
ber to  agree  with  the  number  of  the  ballot  delivered  to  the 
voter,  shall  repeat  the  name  and  number,  and  shall  mark 
opposite  the  name,  the  word  "voted."  The  inspector  shall 
then  separate  the  strip  bearing  the  number  from  the  ballot, 
and  shall  deposit  the  ballot  in  the  ballot  box.  Said  strip  and 
number  shall  be  immediately  destroyed. 

Ten  Minutes  to  Prepare  Ballot. 

Sec.  21.  But  one  person  shall  occupy  any  one  booth  or 
compartment  at  one  time,  and  no  person  shall  remain  in  a 
booth  or  compartment  longer  than  may  be  necessary  to  pre- 
pare his  ballot,  and  in  no  case  longer  than  ten  minutes. 

Spoiled  Ballot,  How  Treated. 

Sec.  22.  Any  voter  who  shall  accidentally  spoil  a  ballot 
may  return  such  spoiled  ballot  to  the  clerk  of  election,  and 
receive  another  one  in  its  place.  All  the  ballots  thus  returned 
shall  be  immediately  canceled  by  writing  the  word  "canceled" 
across  the  face  of  the  ballot,  and,  with  those  not  distributed 
to  the  voters,  shall  be  returned  with  the  election  returns.  A 
voter  who  does  not  vote  the  ballot  delivered  to  him,  shall, 
before  leaving  the  space  inside  the  guard  rail,  return  such 
ballot  to  the  clerks,  who  shall  immediately  cancel  the  same 
and  return  it  in  the  same  manner  as  a  spoiled  ballot.  The 
clerks  of  election  shall  account  for  the  ballots  delivered  to 
them,  by  returning  a  sufficient  number  of  unused  and  spoiled 
ballots  to  make  up,  when  added  to  the  number  of  official  bal- 
lots cast,  the  number  of  ballots  delivered  to  them. 

Who  May  Be  Assisted. 

Sec.  23.  A  voter  who  declares  under  oath,  that  by  reason 
of  physical  disability,  he  is  unable  to  mark  his  ballot,  shall,  at 
his  request,  be  permitted  to  receive  the  assistance,  in  such 
marking  of  any  elector,  other  than  an  election  officer,  but  no 
person  shall  be  permitted  to  go  inside  the  guard-rail  as  an 
assistant  to  more  than  one  voter. 

Kind  of  Ballots  To  Be  Deposited. 

Sec.  24.  No  ballots  shall  be  deposited  in  the  ballot  box 
unless  water-mark,  as  hereinbefore  provided,  appears  thereon, 
and  unless  slip  containing  the  number  of  the  ballot  has  been 
removed  therefrom  by  the  inspector. 

Sample  Ballots — Instructions  to  Voters  To  Be  Posted. 

Sec.  25.  The  county  clerk  shall  cause  to  be  printed  on 
plain  white  paper,  without  watermark  or  endorsement,  except 
the  words  "Sample  Ballot,"  at  least  as  many  copies  of  the 
form  of  ballot  provided  for  use  in  each  precinct  as  there  shall 
be  registered  voters  in  any  election  precinct.  And  said 
county  clerk  shall  furnish  to  each  board  of  election,  as  many 
sample  ballots  as  there  shall  be  registered  [voters]  in  said 
precinct,  and  on  election  day,  the  board  of  election  shall 


66  AUSTRALIAN  BALLOT  LAW 

furnish  each  voter  on  application  one  such  sample  ballot. 
Said  county  clerk  shall  also  cause  to  be  printed  in  plain  type 
on  cards,  instructions  for  the  guidance  of  voters  for  obtain- 
ing and  marking  their  ballots.  He  shall  furnish  twelve  such 
cards  to  the  boards  of  election  of  each  election  precinct  in 
the  county,  at  the  time  and  in  the  manner  that  ballots  and 
sample  ballots  are  furnished.  The  board  of  election  shall 
post  at  least  one  of  such  cards  in  each  booth  provided  for  the 
preparation  of  ballots,  and  not  less  than  three  of  such  cards 
at  other  public  places  in  and  about  the  polling  places  on  the 
day  of  election.  There  shall  be  printed  on  such  cards  sec- 
tions twenty-seven,  twenty-eight,  twentj^-nine,  and  thirty  of 
this  act. 

Kind  of  Ballots  To  Be  Counted — Ki7id  Rejected. 

Sec.  26.  In  counting  the  ballots  any  ballot  not  bearing 
the  water-mark,  as  provided  in  this  act,  shall  not  be  counted, 
but  such  ballot  must  be  preserved  and  returned  with  the 
other  ballots.  When  a  voter  marks  more  names  than  there 
are  persons  to  be  elected  to  an  office,  or  if  for  any  reason  it  is 
impossible  to  determine  the  voter's  choice  for  any  office,  his 
vote  for  such  office  shall  not  be  counted.  Any  ballot  upon 
which  appear  names,  words  or  marks,  written  or  printed, 
except  as  in  this  act  provided,  shall  not  be  counted.  But 
nothing  in  this  act  shall  be  construed  as  grounds  for  the 
rejection  of  a  ballot  where  the  intention  of  the  voter  is  clear 
and  where  marks  on  the  ballot  cannot  be  definitely  shown  to 
be  distinguishing  marks,  characters  or  words. 

Counterfeiting  Ballot  Paper  a  Felony — Other  Offenses  Enu- 
me7'ated. 
Sec.  27.  Any  person  who  shall  falsely  make  or  fraudu- 
lently deface  or  destroy  any  certificate  of  nomination  or  any 
part  thereof,  or  file  any  certificate  of  nomination  knowing 
the  same  or  any  part  thereof  to  be  false,  or  suppress  any 
certificate  of  nomination  which  has  been  duly  filed,  or  any 
part  thereof,  or  make  use  of,  keep  or  furnish  to  others,  except 
as  in  this  act  provided,  any  paper  water-marked  in  imitation 
of  ballot  paper,  or  disclose  to  any  person  not  engaged  in  the 
making,  printing  or  distribution  of  ballots  or  ballot  paper 
under  the  direction  of  the  proper  officer,  the  design  of  the 
water-mark  to  be  placed  on  the  ballot  paper,  or  print  or  be 
concerned  in  printing,  or  have  in  his  possession  any  imitation 
of  an  official  ballot,  or  make  any  mark  or  endorsement  on  any 
ballot  or  stub,  by  which  the  ballot  can  be  distinguished  from 
other  ballots,  or  falsely  swear  that  he  is  unable  to  mark  his 
ballot  by  reason  of  physical  disability,  shall  be  deemed  guilty 
of  a  felony,  and,  upon  conviction  thereof,  shall  be  imprisoned 
in  the  state  prison  for  a  term  not  less  than  one  year,  and 
not  more  than  five  years. 

Misdemeanor  to  Interfere  With  Election  Supplies. 

Sec.  28.    Any  person  who  shall,  during  an  election,  remove 


AUSTRALIAN  BALLOT  LAW  67 

or  destroy  any  of  the  supplies  or  other  conveniences  placed  in 
the  booths  or  compartments,  or  shall,  during  an  election, 
remove,  tear  down  or  deface  the  cards  of  instruction  posted, 
as  prescribed  by  this  act,  shall  be  guilty  of  a  misdemeanor, 
and,  on  conviction  thereof,  shall  be  punished  by  a  fine  not  less 
than  fifty  dollars  and  not  exceeding  five  hundred  dollars,  or 
by  imprisonment  in  the  county  jail  for  a  term  not  less  than 
one  month  and  not  exceeding  six  months. 

Neglect  of  Public  Officer,  How  Punished. 

Sec.  29.  Any  public  officer  upon  whom  any  duty  is 
imposed  by  this  act,  who  shall  wilfully  neglect  or  refuse  to 
perform  any  such  duty,  shall  be  deemed  guilty  of  a  felony, 
and,  upon  conviction  thereof,  shall  be  imprisoned  in  the  state 
prison  for  a  term  not  less  than  one  year  and  not  exceeding 
five  years. 

Many  Interdictions  Under  Penalty. 

Sec.  30.  No  person  except  a  member  of  the  board  of  elec- 
tion shall  receive  from  any  voter  a  ballot  prepared  by  such 
voter.  No  person  shall  examine  such  ballot  or  solicit  a  voter 
to  show  the  same.  No  person  shall  remove  any  ballot  from 
any  polling  place  before  the  closing  of  the  polls.  No  person 
shall  apply  for  or  receive  a  ballot  at  any  election  precinct 
other  than  the  one  on  which  he  is  entitled  to  vote.  No  per- 
son shall  show  his  ballot  to  any  person,  after  marking  it,  so 
as  to  reveal  any  of  the  names  voted  for.  No  person  shall 
ask  another  within  one  hundred  feet  of  the  polling  place  for 
whom  he  intends  to  vote.  No  voter  shall  receive  a  ballot 
from  any  other  person  than  one  of  the  clerks  of  election,  nor 
shall  any  other  person  than  a  clerk  of  election  deliver  such 
ballot  to  such  voter.  No  voter  shall  deliver  to  the  board  of 
election  or  to  any  member  thereof  any  ballot  other  than  the 
one  received  from  a  clerk  of  election.  No  voter  shall  place 
any  mark  upon  his  ballot  by  which  it  may  afterwards  be 
identified  as  the  one  voted  by  him.  Any  person  violating 
any  provision  of  this  section  shall  be  deemed  guilty  of  a 
misdemeanor,  and,  upon  conviction  thereof,  shall  be  fined 
in  a  sum  not  less  than  fifty  dollars  and  not  exceeding  five 
hundred  dollars,  or  by  imprisonment  in  the  county  jail  for 
a  term  not  less  than  one  month  and  not  exceeding  six  months. 

County  Clerks  To  Have  Ballots  Printed  at  Newspaper  or 
Printing  Office  Within  County,  or  State. 
Sec.  31.  The  county  clerks  of  the  several  counties  of  this 
state  shall  supervise  the  printing  of  the  ballots,  and  such  bal- 
lots shall  be  printed  at  some  newspaper  or  printing  office  in 
the  county  where  the  ballots  are  to  be  voted,  and  in  case  there 
is  no  newspaper  or  printing  office  in  the  county  in  which 
the  work  can  be  done,  then  said  clerk  is  hereby  authorized, 
empowered  and  directed  to  have  said  printing  done  in  any 
newspaper  or  printing  office  in  the  state;  [provided,]  that  the 


68  SOLDIERS'  VOTE 

cost  of  printing  said  ballots  shall  not  exceed  the  sum  of  fifty 
dollars  per  thousand. 

Chapter  6 

Votes  of  Nevada  Soldiers  in  U.  S.  Service,  How  Taken. 

Section  1.  For  the  purpose  of  taking  the  vote  of  the 
electors  of  this  state,  who  may  be  in  service  of  the  United 
States  volunteers,  and  at  the  time  beyond  the  territorial 
limits  of  the  state,  the  adjutant-general  of  the  state  shall,  in 
due  time  to  carry  out  the  provisions  of  this  act,  make  and 
deliver  to  the  secretary  of  state  duly  certified  separate  lists 
for  each  county,  having  soldiers  in  the  service,  of  the  names 
of  all  qualified  electors  under  the  laws  of  this  state,  at  the 
time  of  their  enlistment,  who  may  be  in  the  military  service 
of  the  United  States,  classified  and  arranged  in  alphabetical 
order,  showing  the  regiment,  battalion,  squadron,  battery  and 
company,  or  other  division  to  which  each  elector  belongs,  also 
the  county  and  precinct  in  which  he  is  entitled  to  vote. 

Lists  of  Voters  for  Commanding  Officers. 

Sec.  2.  The  secretary  of  state  shall  immediately  transmit 
duly  certified  copies  of  such  proper  lists  to  the  commanding 
officer  of  each  of  said  organizations  of  which  electors  may  be 
members. 

Election,  How  Conducted. 

Sec.  3.  Between  the  hours  of  8  o'clock  a.  m.  and  6  o'clock 
p.  m.  on  the  day  of  election,  a  ballot  box,  or  other  suitable 
receptacle,  shall  be  opened  under  the  immediate  charge  and 
supervision  of  the  three  officers  highest  in  command,  for  the 
reception  of  votes  from  the  electors  whose  names  are  upon 
said  lists,  at  each  place  where  a  regiment,  battalion,  squadron, 
battery,  company  or  other  division  of  soldiers  from  this  state 
in  the  military  service  of  the  United  States  may  be  on  that 
day,  at  which  time  and  place  said  electors  shall  be  entitled 
to  vote  for  all  officers,  for  which,  by  reason  of  their  residence 
in  the  several  counties  of  this  state,  they  are  entitled  to  vote, 
as  fully  as  they  would  be  entitled  to  vote  if  present  in  their 
respective  counties  and  precincts  of  their  residence ;  and  the 
votes  so  given  by  such  electors,  at  such  time  and  place,  shall 
be  considered  taken,  held,  canvassed  and  counted  by  the 
respective  canvassing  boards  of  election  in  this  state  as  if 
they  had  been  given  by  them  in  the  respective  counties  and 
precincts  in  and  of  which  they  were  qualified  electors  at  the 
time  of  their  enlistment. 

Ballots — Form  of  Returns  of  Election. 

Sec.  4.  The  ballot  to  be  cast  by  such  electors  shall  be  the 
official  ballot  provided  by  law.  The  name  of  each  elector 
voting  as  aforesaid  shall  be  checked  at  the  time  of  voting  by 
one  of  said  officers  in  charge  of  the  ballot  box,  upon  said 


soldiers'  vote  69 

list.  The  said  officers  having  charge  of  said  election  shall 
proceed  to  count  the  votes  and  compare  the  numbers  with  the 
checked  lists  immediately  after  the  close  of  the  polls,  and 
on  completing  the  count  the  said  officers  shall  make  and  sign 
a  return  or  certificate  of  the  result,  in  substance  as  follows, 
to  wit: 

Return  of  soldiers'  vote  in  the  (here  insert  the  regiment 
or  other  command  as  the  case  may  be).  We,  the  under- 
signed (here  insert  rank  and  command),  do  hereby  certify 

that  on  the day  of ,  the  electors  belonging  to  our 

said  command  cast  the  following  number  of  votes  for  the  sev- 
eral persons  and  officers  herein  named,  to  wit : 

For  governor  (here  name  each  person  voted  for  for  gov- 
ernor, to  the  number  of  votes  each  received,  written  in  full, 
also  in  figures,  against  and  following  the  name  of  each  per- 
son). For  lieutenant-governor  (here  insert  names  of  all 
voted  for,  number  of  votes  for  each,  written  in  full,  also  in 
figures,  against  and  following  the  name  of  such  person),  and 
so  continue  until  the  list  is  completed. 

Witness  our  hands  this day  of 

A.  B.  (with  rank  and  command). 
C.  D.  (same). 
E.  F.  (same). 

Canvass  oj  Ballots. 

Sec.  5.  All  the  ballots  cast,  together  w  ith  the  said  voting 
lists,  checked  as  aforesaid,  and  said  returns,  shall  be  imme- 
diately sealed  up  and  sent  forthwith  by  the  commanding 
officer  to  the  secretary  of  state  at  the  seat  of  government, 
on  receipt  of  which  the  secretary  of  state  shall,  in  the 
presence  of  the  chief  justice  of  the  supreme  court,  open  said 
returns  and  immediately  certify  to  the  board  of  county  com- 
missioners of  the  proper  county  the  soldier  vote  of  such 
county  for  the  various  officers  as  returned  to  him,  and  such 
board  of  county  commissioners  shall  canvass  and  count 
such  vote,  as  soon  as  practicable  after  receiving  the  same. 

State  and  District  Returns. 

Sec.  6.  For  state  and  district  officers  the  said  returns 
shall  be  canvassed  by  the  state  board  of  canvassers. 

Secretary  of  State  to  Furnish  Necessari/  Ballots. 

Sec.  7.  The  secretary  of  state  is  hereby  required  to  fur- 
nish, prepare  and  have  printed  the  necessary  ballots,  and  if 
he  is  not  in  possession  of  the  names  of  the  candidates  for 
county  and  township  officers,  said  names  may  be  omitted 
from  the  ballot.  He  shall  also  furnish  each  commanding 
officer  the  necessary  check  and  poll  lists,  together  with  the 
proper  and  sufficient  blanks  for  said  returns,  and  all  neces- 
sary instructions  for  the  taking  of  the  votes  in  their  respect- 
ive commands. 


70  SCHOOL  TRUSTEE  ELECTION 

[Chapter  7 — School  Trustee  Election] 

Election  in  New  School  Districts. 

Section  1.  Within  thirty  days  after  the  formation  of  a 
new  district  an  election  must  be  held  for  trustees.  Any  three 
electors  of  the  district  may  give  notice  of  it  in  the  same  man- 
ner as  notice  is  required  to  be  given  for  the  annual  election. 

Hoiirs  in  Which  Polls  Are  Open. 

Sec.  2.  In  districts  in  which  the  children  between  six  and 
eighteen  years  of  age  exceed  four  hundred,  the  polls  must  be 
open  at  8  o'clock  a.  m.  and  kept  open  until  5  p.  m.  In  other 
districts  the  polls  must  not  be  open  before  9  a.  m.  nor  be  kept 
open  less  than  four  hours. 

Poll  and  Tally  List. 

Sec.  3.  A  poll  and  tally  list  must  be  kept  and  returned 
to  the  board  of  trustees. 

When  Five  Trustees;  When  Three. 

Sec.  4.  School  districts  having  fifteen  hundred  or  more 
school  children,  as  shown  by  the  last  preceding  school  census, 
shall  have  five  trustees ;  other  districts  shall  have  three  trus- 
tees. 

Election  Held  in  April . 

Sec.  5.  An  election  of  school  trustees  shall  be  held  in 
each  school  district  of  the  state  on  the  first  Saturday  in 
April,  nineteen  hundred  and  fourteen,  and  on  the  same  day 
every  two  years  thereafter.  At  such  elections,  three  trustees 
shall  be  elected  in  any  district  having  fifteen  hundred  or 
more  school-census  children,  as  shown  by  the  last  preceding 
census,  two  for  four  years  and  one  for  two  years;  and  two 
trustees  shall  be  elected  in  every  other  district,  one  for  four 
years  and  one  for  two  years. 

Number  of  Trustees,  How  Determined. 

Sec.  6.  In  any  school  district  having  for  the  first  time 
fifteen  hundred  school-census  children,  as  determined  after 
the  election  of  trustees  in  any  year,  there  shall  be  elected  at 
the  next  ensuing  school  trustee  election  two  trustees  for  four 
years  and  two  trustees  for  two  years,  to  bring  such  district 
to  the  five-trustee  basis;  and  in  any  district  falling  below 
such  number,  as  determined  after  a  school  trustee  election, 
there  shall  be  elected  at  the  next  ensuing  trustee  election  one 
trustee  for  four  years,  to  bring  such  district  to  the  three- 
trustee  basis. 

Election  Officers,  How  Appointed. 

Sec.  7.  Three  inspectors  of  election  and  such  other  officers 
as  may  be  necessary,  shall  be  appointed  by  the  school  trus- 
tees in  each  district;  provided,  that  respecting  all  questions 
that  come  before  said  election  boards,  the  inspectors  only 
shall  determine  the  same.    If  the  trustees  fail  to  appoint  the 


SCHOOL  TRUSTEE  ELECTION  71 

election  officers,  or  if  they  are  not  present  at  the  time  of 
opening  the  polls,  the  officers  present  may  appoint  them.  All 
such  officers  shall  serve  without  compensation;  provided, 
that  in  school  districts  of  the  first  class,  the  inspectors  and 
clerks  of  election  may  be  allowed  compensation  not  to  exceed 
four  dollars  each  for  services  at  such  election,  said  compen- 
sation to  be  paid  from  the  district  school  funds.  If  two  or 
more  polling  places  are  kept  open  in  districts  of  the  first 
class,  three  inspectors  and  one  clerk  shall  be  appointed  for 
each  polling  place,  and  each  such  officer  shall  be  allowed 
compensation  not  to  exceed  four  dollars. 

Notices  Posted,  When — Polls  at  Schoolhouses. 

Sec.  8.  Not  less  than  ten  days  before  the  election  held 
under  the  provisions  of  this  act,  the  trustees  in  each  district 
shall  post  notices  in  three  public  places  in  the  district,  which 
notices  shall  specify  that  there  will  be  an  election  held  at  the 
schoolhouse  in  such  district  and  the  hours  between  which  the 
polls  will  be  kept  open.  In  districts  of  the  first  class  the  polls 
shall  be  kept  open  between  the  hours  specified  by  the  board  of 
trustees,  and  in  districts  of  the  second  class  the  polls  shall  be 
open  between  the  hours  of  1  o'clock  p.  m.  and  5  o'clock  p.  m. 
If  the  trustees  shall  have  failed  to  post  notices  as  required  by 
this  section,  then  any  three  electors  of  the  district  may, 
within  five  days  of  the  day  of  election,  give  notice  of  such 
election,  which  notices  shall  be  sufficient  for  the  election 
required  by  this  act,  and  in  such  case  no  registration  shall  be 
necessary,  but  all  the  other  provisions  of  this  act  shall  be 
enforced ;  provided,  that  in  districts  of  the  first  class  as  many 
different  polling  places  may  be  kept  open  as  there  are  school- 
houses  in  the  district,  and  the  trustees  may  decide  in  what 
buildings  the  election  shall  be  held;  but  in  such  cases,  the 
trustees  must  specify,  in  the  election  notice,  the  particular 
buildings  in  which  polling  places  will  be  held. 

Qualijwations  of  Voters. 

Sec.  9.  No  person  shall  be  allowed  to  vote  at  any  school 
election  unless  he  is  a  resident  of  the  district  and  his  name 
appears  upon  the  official  registry  list  of  the  voting  precinct 
or  precincts  including  the  district  for  the  last  preceding  gen- 
eral election ;  provided,  that  any  citizen  of  the  United  States 
who  shall  have  resided  in  this  state  six  months,  and  in  the 
school  district  thirty  daj^s  next  preceding  the  day  of  election, 
and  whose  name  is  not  upon  the  said  official  registry  list,  may 
apply  to  the  clerk  of  the  board  of  school  trustees,  or  to  a  per- 
son authorized  by  the  trustees  of  the  district  to  act  as  regis- 
try agent,  not  more  than  eight  nor  less  than  five  days  prior 
to  the  day  of  election,  to  have  his  name  registered. 

Regutration  Regala tio n s —  Oath . 

Sec.  10.  It  shall  be  the  duty  of  the  clerk  of  the  board  of 
school  trustees,   or  the  person  appointed  by  the  board  of 


72  SCHOOL  TRUSTEE  ELECTION 

school  trustees,  as  the  case  may  be,  to  register  any  qualified 
voter  of  the  school  district  who  may  apply  to  be  registered 
under  the  provisions  of  the  preceding  section;  provided, 
that  if  the  person  applying  to  be  registered  be  unknown  to 
the  registry  agent,  or  his  qualifications  for  voting  be  unknown, 
he  shall,  before  having  his  name  registered,  be  required  to  sub- 
scribe to  the  following  oath:  "You  do  solemnly  swear  that 
you  are  a  citizen  of  the  United  States ;  that  you  are  twenty- 
one  years  of  age ;  that  you  will  have  resided  in  the  state  six 
months  and  in  this  school  district  thirty  days  next  preceding 
the  day  of  the  school  election."  False  swearing  under  the 
provisions  of  this  section  shall  be  deemed  perjury  and  pun- 
ished as  now  provided  by  law. 

Registry  List. 

Sec.  11.  No  person  shall  be  entitled  to  vote  under  the  pro- 
visions of  this  act  except  he  be  registered  as  herein  provided. 
The  board  of  school  trustees  shall  prepare,  or  cause  to  be 
prepared,  or  obtain  a  list,  certified  or  sworn  to  as  being  cor- 
rect, of  the  names  of  all  persons  entitled  to  vote  at  the  school 
election  as  herein  provided,  which  said  list  shall  be  com- 
pleted at  least  three  days  prior  to  the  day  of  election,  and 
shall  be  under  the  charge  of  the  clerk  of  the  board  of  school 
trustees  and  subject  to  the  inspection  of  any  qualified  voter 
in  the  district. 

Special  Registration,  When — Cost  Restricted. 

Sec.  12.  The  board  of  school  trustees  in  all  school  districts 
having  a  voting  population  of  fifty  or  more,  are  authorized  to 
employ  a  competent  person  to  prepare  said  list  of  qualified 
voters  and  to  pay  for  the  work  out  of  the  school  fund  of  the 
district,  in  a  manner  as  other  claims  against  the  district  are 
allowed  and  paid,  a  reasonable  sum,  not  exceeding  five  cents 
a  name  for  each  qualified  voter,  providing  that  the  total 
amount  to  be  allowed  does  not  exceed  fifty  dollars.  The  list 
so  prepared  shall  be  sworn  to  by  the  person  making  the 
same  as  correct,  according  to  his  best  knowledge,  information 
and  belief. 

Registry  Delivered  to  Inspectors. 

Sec.  13.  The  list  of  qualified  voters,  as  hereinbefore 
described,  shall  be  delivered  to  the  inspectors  of  election 
prior  to  the  time  of  opening  the  polls  on  the  day  of  election, 
and  no  person  shall  be  entitled  to  vote  at  the  election  whose 
name  is  not  on  said  list ;  provided,  that  any  person  whose 
name  is  left  off  said  list  by  mistake,  design,  accident,  or 
otherwise,  may  have  his  name  placed  thereon  by  the  inspect- 
ors of  election  upon  satisfactory  proofs  being  presented  of 
his  having  previously  been  registered  in  accordance  with  the 
provisions  of  this  act. 

Voting  by  Secret  Ballot. 
Sec.  14.     The  voting  shall  be  by  ballot,  either  written  or 


SCHOOL  TRUSTEE  ELECTION  73 

printed,  and  when  two  or  more  trustees  are  to  be  elected  for 
different  terms,  the  ballot  shall  designate  such  terms  as 
"long  term,"  and  "short  term,"  respectively. 

Number  and  Form  of  Ballots. 

Sec.  15.  In  all  school  districts  having  a  school  population 
of  one  hundred  or  over,  the  board  of  school  trustees  shall 
have  printed  ballots  of  uniform  size  containing  the  names  in 
alphabetical  order,  of  all  persons  candidates  for  the  office  of 
school  trustee.  There  shall  be  twice  as  many  ballots  printed 
as  there  are  voters  in  the  district,  and  no  ballots  other  than 
those  furnished  by  the  board  of  school  trustees  shall  be 
voted. 

Method  of  Voting. 

Sec.  16.  A  person  desiring  to  vote  shall,  if  his  name  be 
on  the  registry  list  as  herein  provided,  receive  from  the  board 
of  election  or  some  member  thereof,  and  from  no  other  per- 
son, a  ballot  upon  which  he  shall  designate  his  choice  for 
trustee  or  trustees  to  be  elected  in  the  district,  by  placing  a 
cross  thus,  X,  opposite  and  to  the  right  of  the  name  of  the 
person  for  whom  he  intends  to  vote. 

Instructions  for  Voting. 

Sec.  17.  There  shall  be  placed  on  the  ballots,  in  addition 
to  the  names  of  the  candidates,  such  information  as  the  board 
of  trustees  may  deem  necessary  to  inform  the  voter  how  to 
mark  his  ballot,  such  as:  "Place  a  cross  thus:  X,  opposite 
and  to  the  right  of  the  name  of  the  candidate  for  whom  you 
wish  to  vote,"  "vote  for  one,"  "vote  for  two,"  etc. 

Inhibitions  as  to  Polling  Places — Misdemeanor  and  Penalty. 

Sec.  18.  No  person,  other  than  the  board  of  election  or  a 
police  officer  in  the  discharge  of  his  duty,  shall  be  allowed 
within  one  hundred  feet  of  the  polls,  except  when  actually 
engaged  in  voting  or  in  going  to  or  from  the  polls  for  the 
purpose  of  voting  or  challenging  the  vote  of  another,  and 
excepting  all  persons  in  attendance  upon  any  school  which 
may  be  in  session  in  the  building.  No  person  shall  show 
his  ballot  to  another  while  marking  it  or  after  marking  it  so 
as  to  disclose  for  whom  he  has  voted,  but  he  shall,  as  soon  as 
possible  after  marking  it,  fold  it  so  that  the  marking  will 
be  on  the  inside  and  return  it  to  the  board  of  election  to  be 
counted.  Wilful  violation  of  any  of  the  provisions  of  this 
section  shall  constitute  a  misdemeanor,  punishable  by  a  fine 
not  exceeding  fifty  dollars,  or  imprisonment  in  the  county 
jail  not  exceeding  twenty-five  days,  or  by  both  such  fine  and 
imprisonment. 

Assutance  in  Voting,  When  Allowed — Spoiled  Ballot. 

Sec.  19.  No  person  shall  receive  assistance  in  marking  his 
ballot  unless  physically  unable  to  mark  it,  and  then  only  by 
permission  of  the  board  of  election.     A  voter  spoiling  his  bal- 


74  SCHOOL  TRUSTEE  ELECTION 

lot  may  procure  another  by  delivering  the  spoiled  ballot  to 
the  board  of  election. 

Challenges — Oath — Illegal  Voting  Punished. 

Sec.  20.  Any  registered  person  offering  to  vote  may  be 
challenged  by  any  elector  of  the  district,  and  the  judges  of 
election  must  thereupon  administer  to  the  person  challenged 
an  oath  in  substance  as  follows:  "You  do  swear  that  you  are 
a  citizen  of  the  United  States ;  that  you  are  twenty-one  years 
of  age;  that  you  have  resided  in  this  state  six  months,  and 
in  this  school  district  thirty  days  next  preceding  this  election, 
and  that  j^ou  have  not  voted  before  this  day."  If  he  takes 
the  oath  prescribed  in  this  section  his  vote  shall  be  received, 
otherwise  his  vote  must  be  rejected.  Illegally  voting  under 
the  provisions  of  this  act  shall  be  punishable  the  same  as  the 
law  now  provides  for  punishing  offenses  of  this  character. 

When  Candidates  Shall  File  Names. 

Sec.  21.  In  school  districts  having  a  voting  population  of 
one  hundred  (100)  or  over,  candidates  for  the  office  of  school 
trustee  shall,  not  later  than  five  days  before  the  day  of 
election,  having  their  names  filed  with  the  county  clerk  of 
the  county,  with  designation  of  the  term  of  office  for  which 
they  are  candidates,  and  no  names  shall  be  placed  upon  the 
ballots  unless  filed  within  the  time  herein  specified. 

Election  Board  Shall  Count  and  Make  Returns. 

Sec.  22.  The  board  of  election  in  districts  of  the  first  class 
shall  keep  a  poll  list  and  tally  sheet,  which,  together  with  the 
registry  list  and  all  ballots  cast,  shall  be  delivered  to  the 
county  clerk  upon  the  count  being  completed,  and  such 
returns  shall  be  kept  as  the  law  now  provides  for  keeping 
returns  of  general  elections;  but  in  districts  of  the  second 
class,  said  poll  list,  tally  sheet,  registry  list  and  all  ballots 
cast,  upon  the  count  being  completed,  shall  be  delivered  to  the 
deputy  superintendent  of  public  instruction  and  kept  on 
file  in  his  office.  After  the  completion  of  the  count  at  each 
polling  place  in  districts  of  the  first  class  using  more  than 
one  polling  place,  the  election  board  of  each  polling  place 
shall  meet  at  a  place  designated  by  the  board  of  trustees  and 
there  summarize  all  votes  cast  in  the  district  and  make  out 
the  election  certificates. 

Board  Shall  Issue  Certificates  of  Election. 

Sec.  23.  The  election  board  shall  issue  certificates  of  elec- 
tion to  those  receiving  the  greatest  number  of  votes  cast  in 
accordance  with  the  provisions  of  this  act,  specifying  the 
number  of  years  for  which  each  is  elected;  and  the  election 
board  shall  immediately  send  by  mail  a  copy  of  each  election 
certificate  to  the  deputy  superintendent  of  public  instruction. 

When  Trustees  Take  Office. 

Sec.  24.  Trustees  elected  under  this  act  shall  take  office 
on  the  first  Monday  in  May  following  their  election. 


TOWN  AND  CITY  ELECTIONS  75 

Vacancies,  How  Filled. 

Sec.  25.  On  the  fourth  Saturday  after  the  occurrence  of 
any  vacancy  or  vacancies  in  any  board  of  school  trustees,  an 
election  may  be  held  to  elect  a  trustee  or  trustees  for  the 
remainder  of  the  unexpired  term  or  terms.  Such  elections 
shall  be  conducted  in  accordance  with  the  law  now  in  effect 
for  the  election  of  public  school  trustees ;  provided,  that  the 
remaining  members  or  member  of  the  board  may  serve  as  a 
full  board  for  the  purpose  of  making  all  required  preliminary 
arrangements  for  conducting  said  elections  to  fill  said  vacan- 
cies. 
When  Deputj/  Shall  Fill  Vacancies. 

Sec.  26.  In  case  the  voters  fail  to  elect,  or  in  case  no  elec- 
tion is  held,  as  provided  in  the  preceding  section,  the  deputy 
superintendents  shall  fill  all  vacancies  occurring  in  said 
board  of  trustees. 

Chapter  8 — Tov^n  and  City  Elections 
Duties  of  Registry  Agents. 

Section  1.  The  registry  agents  of  every  voting  precinct 
in  this  state,  containing  within  its  limits  a  town  or  city,  the 
boundaries  of  which  are  described  by  metes  and  bounds,  shall 
register  all  voters,  residents  of  said  town  or  city,  separately 
from  the  voters  who  reside  within  the  said  voting  precinct  but 
without  the  limits  of  said  town  or  city,  or  he  shall  designate 
after  the  name  of  each  voter  whether  he  is  a  resident  within 
or  without  said  town  or  city ;  provided,  that  when  there  are 
no  officers  to  be  elected  exclusively  for  said  town  or  city  such 
separate  registration  shall  not  be  required. 

Residence  To  Be  Designated. 

Sec.  2.  The  registry  agents  in  preparing  the  official  regis- 
ter for  any  voting  precinct  as  described  in  section  1  of  this 
act  for  the  use  of  election  officers  of  the  precinct  and  the 
wards  thereof,  if  any  there  be,  shall  designate  after  the  name 
of  each  voter,  or  in  some  other  appropriate  and  intelligible 
manner,  the  residence  of  the  voter,  whether  within  or  without 
the  limits  of  the  town  or  city,  so  that  the  election  officers  can 
readily  determine  whether  or  not  voters  are  qualified  to  vote 
for  town  or  city  officers,  if  any  such  are  to  be  elected. 

Ballots  to  Contain — Proviso. 

Sec.  3.  The  county  clerk  shall  cause  to  be  placed  upon  the 
official  ballots  to  be  used  at  any  voting  precinct  containing 
within  its  limits  a  town  or  city,  as  described  in  section  1  of 
this  act,  the  names  of  all  candidates  for  office  for  said  town  or 
city,  in  a  manner  as  now  provided  by  law,  to  be  voted  for 
exclusively  by  the  electors  of  said  town  or  city;  provided, 
that  he  shall  furnish  sufficient  ballots  without  the  names  of 
candidates  for  town  or  city  officers,  for  use  of  the  voters  of 
the  precincts  who  reside  without  the  limits  of  said  town  or 
city,  and  the  numbers  of  all  ballots  furnished  for  use  in  said 


76  CHOICE  FOR  U.  S.  SENATOR 

precincts,  and  the  wards  thereof,  if  any  there  be,  shall  be 
as  now  provided  by  law,  and  shall  be  apportioned  according 
to  the  relative  number  of  each  class  of  voters  as  herein  desig- 
nated. 

Form  of  Ballot. 

Sec.  4.  The  election  officers  of  every  voting  precinct  and 
the  wards  thereof,  if  any  there  be,  shall,  in  a  manner  as  now 
provided  by  law,  furnish  the  voters  of  said  precinct  or  the 
wards  thereof,  with  ballots  with  or  without  the  names  of  the 
candidates  for  town  or  city  officers,  according  as  the  voter  is 
a  resident  within  or  without  the  limits  of  said  town  or  city 
as  shown  by  the  official  registry  list  for  use  of  the  election 
officers  of  said  precincts,  or  the  wards  thereof,  as  in  this  act 
provided,  and  no  ballot  containing  names  of  candidates  to 
be  voted  for  exclusively  by  residents  of  the  town  or  city  shall 
be  given  to  any  voter  who  resides  without  the  limits  of  said 
town  or  city. 

Regular  Election  Laws  to  Govern. 

Sec.  5.  Except  as  herein  specially  provided,  the  manner 
of  voting  and  conducting  the  election  shall  be  as  now  pro- 
vided by  law. 

Applicable  to  Wards. 

Sec.  6.  Whenever  any  officer  or  officers  of  any  town. or  city 
as  herein  mentioned  are  to  be  voted  for  exclusively  by  the 
qualified  voters  of  any  ward  or  wards  of  said  town  or  city, 
then  all  the  provisions  of  this  act  concerning  the  registration 
and  manner  of  voting  for  town  and  city  officers  shall  apply 
to  said  ward  or  wards. 

Chapter  9 — United  States  Senator 

Candidates  for  United  States  Senator  May  Be  Nominated. 

Section  1.  At  the  general  election  next  preceding  the 
expiration  of  the  time  for  which  any  United  States  senator 
was  elected  or  appointed  to  represent  the  State  of  Nevada  in 
congress,  candidates  for  the  choice  of  electors  of  this  state 
for  United  States  senator  may  be  nominated  in  the  same 
manner  as  provided  by  law  for  the  nomination  of  state 
officers. 

Certificate  of  Nomination  To  Be  Filed  With  the  Secretary  of 
State — Ballot,  How  Prepared. 
Sec.  2.  Such  certificates  of  nomination  shall  be  filed  with 
the  secretary  of  state,  who  shall  certify  the  names  of  all  can- 
didates as  shown  therein  to  the  various  county  clerks  as  now 
required  by  law  in  case  of  candidates  for  state  offices,  and  the 
several  county  clerks  in  preparing  the  ballots  to  be  voted  at 
any  such  general  election  shall  place  thereon  the  names  of  all 
such  candidates  under  the  words  "Choice  for  U.  S.  Senator, 
vote  for  one,"  and  there  shall  be  a  margin  at  the  right-hand 
side  of  these  names  at  least  one-half  inch  wide,  where  the 


REFERENDUM  T7 

voter  may  indicate  his  choice  of  said  candidates  by  making 
a  cross  or  X. 

Names  of  All  Nominated  Candidates  To  Be  Submitted  at 
General  Election — To  Be  Canvassed — Secretary  of  State 
to  Transmit  to  Legislature. 
Sec.  3.     The  names  of  all  candidates  so  nominated  shall  be 
submitted  to  the  electors  of  the  state  for  them  to  express  their 
choice  at  every  such  general  election,  and  the  vote  upon  such 
choice  shall  be  taken,  returned,  canvassed  and  certified  by  the 
same  authority  and  in  the  same  way  as  the  vote  for  state 
officers  is  taken,  canvassed,  returned  and  certified,  and  the 
secretary  of  state  shall,  within  five  days  after  the  convening 
of  the  next  session  of  the  legislature  following  any  such  elec- 
tion, transmit  to  each  branch  thereof  the  result  of  the  official 
canvass  of  the  vote  upon  said  choice  and  candidates. 

Not  to  Apply  to  Vacancies  After  Sixty  Days  Prior  to 
Election. 
Sec.  4.  The  provisions  of  this  act  shall  not  apply  to  the 
filling  of  any  vacancy  in  the  office  of  United  States  senator 
which  may  occur  by  death,  resignation  or  removal  between 
the  date  sixty  days  prior  to  any  general  election  and  the 
adjournment  of  the  next  session  of  the  legislature. 

No  Reward  To  Be  Used  in  Aid  of  Candidate. 

Sec.  5.  No  person  shall,  either  in  aid  of  his  own  candidacy 
or  election,  or  in  aid  of  the  candidacy  or  election  of  any  other 
person  for  the  choice  of  the  electors  for  United  States  senator, 
give,  pay,  expend  or  promise  any  money  or  reward  to  any 
one  whomsoever. 
Petition.  Referendum 

Section  1.  Whenever  ten  per  centum  or  more  of  the 
voters  of  this  state,  as  shown  by  the  number  of  votes  cast  at 
the  last  preceding  general  election  for  justice  of  the  supreme 
court,  shall  express  their  wish  that  any  law  or  resolution 
made  by  the  legislature  be  submitted  to  the  vote  of  the 
people,  they  shall  file  with  the  secretary  of  state,  not  less  than 
four  months  before  the  time  set  for  such  general  election,  a 
petition,  which  petition  shall  contain  the  names  and  resi- 
dences of  at  least  ten  per  centum  of  the  voters  of  this  state, 
demanding  that  a  referendum  vote  be  had  by  the  people  of 
the  state  at  the  next  general  election  upon  the  bill  or  resolu- 
tion on  which  the  referendum  is  demanded. 

More  Than  One  Petition — Verification. 

Sec.  2.  The  names  of  the  electors  so  petitioning  need  not 
all  be  upon  one  petition,  but  may  be  contained  in  one  or 
more  petitions ;  but  each  petition  must  be  verified  by  at  least 
one  of  the  voters  who  has  signed  such  petition,  and  such 
voter  making  such  verification  must  swear  that  the  persons 
signing  said  petition  are  qualified  voters  of  this  state.  Said 
petition  may  be  verified  upon  information  and  belief. 


78  REFERENDUM 

Secretary  of  State  to  Certify  Questions  to  the  County 
Clerks — Same  To  Be  Public . 
Sec.  3.  That  upon  receipt  of  said  petition  by  the  secretary 
of  state  he  shall  file  the  same,  and  at  the  next  general  election 
shall  submit  the  question  of  the  approval  or  disapproval  of 
said  law  or  resolution  to  the  people  of  the  state  to  be  voted 
upon  at  the  ensuing  election  wherein  any  state  or  congres- 
sional officer  is  to  be  voted  for,  or  wherein  any  question  may 
be  voted  upon  by  the  electors  of  the  entire  state.  And  the 
secretary  of  state  shall  certify  the  said  law  to  the  several 
county  clerks  in  this  state,  and  they  shall  publish  the  same 
in  accordance  with  the  provisions  of  law  requiring  the  said 
county  clerks  to  publish  questions  and  constitutional  amend- 
ments w^hich  are  to  be  submitted  for  popular  vote. 

Questions,  How  Placed  on  Ballots. 

Sec.  4.  That  the  title  of  the  act  shall  be  set  out  on  the  bal- 
lot, and  the  question  printed  upon  the  ballot  for  the  informa- 
tion of  the  voters  shall  be  as  follows :  Shall  the  act  (setting 
out  the  title  thereof)  be  approved  ?  And  the  votes  cast  upon 
such  questions  shall  be  counted  and  canvassed  as  are  the  votes 
for  state  officers  counted  and  canvassed. 

Operation  of  Referendum. 

Sec.  5.  When  a  majority  of  the  electors  voting  at  a  state 
election,  shall,  by  their  vote  signify  their  approval  of  an  act 
submitted  at  such  election,  such  act  shall  stand  as  the  law 
of  the  state,  and  shall  not  be  overruled,  annulled,  set  aside, 
suspended  or  in  any  way  made  inoperative,  except  by  a  direct 
vote  of  the  people.  When  a  majority  shall  so  signify  dis- 
approval, the  law  or  resolution  so  disapproved  shall  be  void 
and  of  no  effect. 

Sec.  6.     Those  certain  acts  entitled — 

"An  act  prescribing  what  shall  constitute  actual  residence 
within  the  meaning  of  article  2  of  the  constitution  of  the 
State  of  Nevada,"  approved  March  4,  1889 ; 

"An  act  to  provide  for  the  registration  of  the  names  of 
electors  and  to  prevent  frauds  at  elections,"  approved  March 

5,  1869 ; 

"An  act  to  provide  for  the  registration  of  the  names  of 
electors  and  to  prevent  fraud  at  elections  in  certain  incorpo- 
rated cities  within  the  State  of  Nevada,  providing  certain 
penalties  and  other  matters  properly  appertaining  thereto," 
approved  March  24,  1911 ; 

"An  act  supplemental  to  an  act  entitled  'An  act  to  provide 
for  the  registration  of  the  names  of  electors  and  to  prevent 
fraud  at  elections,'  approved  March  5,  1869,"  approved 
February  20,  1885 ; 

"An  act  to  provide  for  the  registration  of  voters  in  case  of 
death  or  resignation  of  registry  agents,"  approved  March 

6,  1879 ; 

"An  act  to  provide  for  the  direct  nomination  of  candidates 


REFERENDUM  79 

for  public  office  by  electors,  political  parties  and  organiza- 
tions of  electors,  without  conventions,  at  elections  to  be 
known  and  designated  as  primary  elections,  determining  the 
tests  and  conditions  upon  which  electors,  political  parties  and 
organizations  of  electors  may  participate  in  any  such  pri- 
mary election,  and  establishing  the  rates  of  compensation  for 
primary  election  officers  serving  at  such  primary  elections; 
providing  for  the  organization  of  political  methods  whereby 
the  electors  of  political  parties  may  express  their  choice  at 
such  primary  elections  for  United  States  senator,  to  provide 
for  the  registration  of  voters  for  said  primary  elections  and 
the  compensation  of  registry  agents,  and  to  provide  penalties 
for  violating  the  provisions  of  this  act,"  approved  March  23, 
1909; 

"An  act  relating  to  elections,"  approved  March  12,  1873; 

"An  act  providing  for  the  closing  of  polls  at  elections  in 
certain  cases,"  approved  March  6,  1889; 

"An  act  to  provide  for  the  transmission  of  ballots,  poll 
books  and  tally  lists  by  mail  in  certain  cases,"  approved 
March  6,  1889 ; 

"An  act  relating  to  elections,"  approved  March  6,  1889; 

"An  act  relating  to  elections  and  to  more  fully  secure  the 
secrecy  of  the  ballot,"  approved  March  13,  1891; 

"An  act  relating  to  elections  and  to  more  fully  secure  the 
secrecy  of  the  ballot,"  approved  March  6,  1893 ; 

"An  act  supplementary  to  an  act  entitled  'An  act  relating 
to  elections  and  to  more  fully  secure  the  secrecy  of  the  bal- 
lot,' approved  March  13,  1891"  approved  March  18,  1901; 

"An  act  supplemental  to  an  act  entitled  'An  act  relating 
to  elections  and  to  more  fully  secure  the  secrecy  of  the  bal- 
lot, '  "  approved  March  19, 1901 ; 

"  An  act  concerning  the  election  of  town  and  city  officers  in 
this  state,  and  matters  properly  connected  therewith," 
approved  March  22,  1897 ; 

"An  act  to  provide  for  taking  the  votes  of  electors  of  the 
State  of  Nevada,  who  may  be  in  the  military  service  of  the 
United  States,"  approved  March  14,  1899; 

"An  act  to  secure  the  election  of  United  States  senator  in 
accordance  with  the  will  of  the  people  and  the  choice  of  the 
electors  of  the  state,  and  to  obtain  an  expression  of  such 
choice,  and  to  prevent  fraud  and  official  dereliction  of  duty 
in  connection  with  such  election,"  approved  March  14,  1899; 

"An  act  limiting  the  time  in  which  proceedings  for  con- 
testing the  election  of  any  officer  may  be  begun,"  approved 
March  25,  1903 ; 

"An  act  to  provide  for  submitting  certain  acts  of  the  legis- 
lature for  approval  by  the  qualified  electors  of  the  State  of 
Nevada,  in  accordance  with  the  referendum  provisions  of  the 
constitution,"  approved  March  24,  1909 — 
are  hereby  repealed. 


80  CORRUPT  PRACTICE  ACT 


CORRUPT  PRACTICE  ACT 


Chap.  282 — An  Act  to  limit  expenditures  for  campaign  and 
election  purposes  to  candidates,  their  political  agents,  and 
managing  committees  of  political  parties;  to  prescribe  the 
manner  of  appointment  of  such  agents;  to  limit  the  contri- 
butions, expenditures  and  liabilities  of  candidates,  political 
agents  and  managing  committees  of  political  parties;  to 
define,  prohibit  and  punish  corrupt  and  illegal  practices  in 
connection  with  or  relative  thereto  [at]  primary,  special 
and  general  elections;  to  secure  and  protect  the  purity  of 
the  ballot;  to  prohibit  the  use  of  conveyances  to  carry 
voters  to  the  polls;  to  prohibit  the  peddling  or  distributing 
of  liquors  and  cigars  by  candidates  for  office;  to  prohibit 
and  punish  the  making,  publication  and  circulation  of  false 
charges  and  statements  against  candidates,  the  doing  of 
any  act  tending  to  deceive  or  interfere  with  the  voter;  and 
to  provide  for  furnishing  information  to  electors. 

[Approved  March  31,  1913] 

Restricting  Expenses  of  Candidate. 

Section  1.  In  all  political  campaigns  in  this  state  con- 
ducted for  the  purpose  of  nominating  or  electing  candidates 
to  office,  no  sum  of  money  shall  be  paid,  and  no  expenses 
incurred,  and  no  workers  employed  by  any  person  except  the 
candidate,  or  his  duly  appointed  political  agents,  or  the  regu- 
larly constituted  committees  of  the  party,  of  which  the  can- 
didate is  a  nominee. 

Candidate  May  Appoint  One  Agent  in  Each  County. 

Sec.  2.  A  candidate  may  appoint  a  number  of  political 
agents  not  exceeding  one  for  each  county  in  the  state.  Such 
appointment  shall  be  in  writing,  giving  the  full  name  of  the 
agent,  and  his  postoffice  and  residence  address  and  state  the 
maximum  to  be  expended  and  liability  to  be  incurred  by  such 
agent,  and  shall  be  signed  by  the  candidate;  such  appoint- 
ment by  a  candidate  for  a  state  office,  including  candidates 
for  the  office  of  senator  of  the  United  States,  and  representa- 
tive in  congress,  shall  be  filed  with  the  secretary  of  state. 
Such  appointments  by  other  candidates  shall  be  filed  with 
the  county  clerk  or  clerks  of  the  counties  wherein  the  candi- 
dates seek  office.  No  political  agent  shall  have  authority  to 
pay  money,  incur  expenses,  or  employ  workers,  or  do  other 
acts  for  or  on  behalf  of  any  candidate,  until  after  his  said 
appointment  is  made  and  filed  as  herein  provided. 

Agent  May  Use  Only  PrincipaVs  Money  in  Limited  Amount. 

Sec.  3.  No  political  agent  shall  procure,  or  pay  out,  any 
money,  except  the  money  of  his  principal,  nor  incur  any 


CORRUPT  PRACTICE  ACT  81 

expenses,  except  on  the  credit  of  his  principal,  and  then  not 
in  excess  of  an  amount  specially  authorized  in  writing  by 
said  principal,  in  his  said  appointment. 

Limited  to  20  Per  Cent  of  One  Year's  Salary. 

Sec.  4.  No  sums  of  money  shall  be  paid,  and  no  expenses 
authorized,  permitted  or  incurred,  by  or  on  behalf  of  any 
candidate  for  nomination  in  his  campaign  for  nomination  to 
any  public  office  in  the  state  in  excess  of  twenty  per  cent  of 
one  year's  compensation,  or  salary  of  the  office  for  which  he 
seeks  to  be  a  candidate.  For  the  purposes  of  this  law  the 
contribution,  expenditure,  or  liability  of  a  candidate's  politi- 
cal agent,  or  other  person,  with  the  consent  of  the  candidate, 
shall  be  considered  as,  and  held  to  be,  that  of  a  candidate. 

Contribution  to  Party  Funds  Limited. 

Sec.  5.  No  sums  of  money  shall  be  paid  and  no  expenses 
authorized,  permitted  or  incurred  by  or  on  behalf  of  any 
candidate,  who  has  received  the  nomination  for  any  public 
office,  or  position  in  this  state,  except  such  as  may  be  con- 
tributed by  him  to  the  managing  committee  of  his  party,  in 
excess  of  20  per  cent  of  one  year 's  salary,  or  compensation  of 
the  office  for  which  he  is  nominated,  and  no  such  candidate 
shall  pay,  or  contribute,  or  become  liable  to  the  managing 
committee  of  his  political  party  in  any  sum  of  money  in 
excess  of  20  per  cent  of  one  year's  salary,  or  compensation 
of  the  office  for  which  he  is  nominated ;  provided,  that  candi- 
dates for  any  office  may  expend  the  sum  of  $150.  The  word 
expense  or  expenses  in  this  bill  shall  not  be  construed  to 
include  and  shall  not  include  the  personal  traveling  and  liv- 
ing expenses  of  the  candidate,  or  the  postage,  telegraph  or 
telephone  expenses  of  such  candidate. 

Committees  Restricted  in  Expenditures. 

Sec.  6.  No  political  party  in  any  campaign  in  this  state, 
through  its  managing  committees,  or  otherwise,  shall  pay, 
distribute  or  expend,  any  sums  of  money,  or  incur,  authorize, 
or  permit  any  expenses,  or  liabilities  in  excess  of  a  sum  equal 
to  20  per  cent  of  the  salary  or  compensation  for  one  year  of 
each  and  all  candidates  for  state  office,  including  senators 
and  representatives  in  congress. 

Terms  Construed. 

Sec.  7.  Terms  used  in  this  act  shall  be  construed  as  fol- 
lows, unless  other  meaning  is  clearly  apparent  from  the 
language  or  context,  or  unless  such  construction  is  inconsist- 
ent with  the  manifest  intent  of  the  law. 

"Persons"  shall  apply  to  any  individual,  or  number  of 
individuals,  male  or  female,  and,  where  consistent  with  collec- 
tive capacity,  to  any  committee,  firm,  partnership,  club, 
organization,  association,  corporation,  or  other  combination 
of  individuals. 

"Candidate"  shall  apply  to  any  person  whose  name  is 


82  CORRUPT  PRACTICE  ACT 

printed  on  an  official  ballot  for  public  office,  or  whose  name 
is  expected  to  be  or  has  been  presented  for  public  office,  with 
his  consent,  for  nomination  or  election. 

"Political  committee"  shall  apply  to  every  combination 
of  two  or  more  persons  who  shall  aid  or  promote  the  success 
or  defeat  of  a  candidate,  or  a  political  party  or  principle,  and 
the  provisions  of  law  relating  thereto  shall  apply  to  any  firm 
or  partnership,  to  any  corporation,  and  to  any  club,  organi- 
zation, association,  or  other  combination  of  persons,  whether 
incorporated  or  not,  with  similar  purposes,  whether  primary 
or  incidental. 

"Public  office"  shall  apply  to  any  national,  state,  county, 
city  or  precinct  office  to  which  a  salary  attaches  and  which  is 
filled  by  the  voters,  as  well  as  the  office  of  presidential  elector. 
United  States  senator,  representative  in  congress,  or  presid- 
ing officer  of  either  branch  of  the  legislature. 

"Give,"  "provide,"  "expend,"  "contribute,"  "receive," 
"ask,"  "solicit,"  and  like  terms,  with  their  corresponding 
nouns,  shall  apply  to  money,  its  equivalent,  or  any  thing  of 
value;  shall  include  the  promise,  advance,  deposit,  borrow- 
ing or  loan  thereof,  and  shall  cover  all  or  any  part  of  a  trans- 
action, whether  it  be  made  directly  or  indirectly. 

None  of  the  provisions  of  this  act  shall  be  construed  as 
relating  to  the  rendering  of  services  by  speakers,  writers, 
publishers,  or  others,  for  which  no  compensation  is  asked  or 
given. 

Sworn  Statements  of  Various  Candidates. 

Sec.  8.  Every  candidate  for  nomination  or  election  to 
public  office,  including  candidates  for  the  office  of  senator  of 
the  United  States,  and  representative  in  congress,  shall,  five 
days  before  and  fifteen  days  after  the  election  at  which  he  was 
a  candidate,  file  with  the  secretary  of  state,  if  a  candidate  for 
senator  of  the  United  States,  representative  in  congress,  or 
for  any  state  or  district  office  in  a  district  composed  of  one 
or  more  counties,  and  with  the  county  clerk,  if  a  candidate 
for  state  senator,  or  assemblyman,  or  for  county  and  pre- 
cinct offices,  and  with  the  city  clerk  if  for  a  city  office,  an 
itemized  sworn  statement  setting  forth  in  detail  all  the 
moneys,  or  other  valuable  thing  contributed,  expended  or 
promised  by  him  to  aid  and  promote  his  nomination  or  elec- 
tion, or  both  as  the  case  may  be,  and  for  the  election  of  his 
party  candidate,  including  contributions  to  the  managing 
committee,  or  other  committee  of  the  party,  and  all  existing 
unfulfilled  promises  of  every  character,  and  all  liabilities 
remaining  uncanceled  and  in  force  at  the  time  such  state- 
ment is  made,  whether  such  expenditures,  promises  and  lia- 
bilities were  made  or  incurred  before,  during  or  after  such 
election.  If  no  money  or  other  valuable  thing  was  given, 
paid,  expended,  contributed,  or  promised,  and  no  unfulfilled 
liabilities  were  incurred  by  a  candidate  for  public  office  to 
aid  or  promote  his  nomination  or  election  of  his  party  candi- 


CORRUPT  PRACTICE  ACT  83 

dates,  he  shall  file  a  statement  to  that  effect  within  fifteen 
days  after  the  election  at  which  he  was  a  candidate.  Any 
candidate  who  shall  fail  to  file  such  statement  shall  be  fined 
twenty-five  dollars  for  every  day  on  which  he  was  in  default, 
unless  prevented  from  doing  so  by  unavoidable  circum- 
stances, to  the  satisfaction  of  the  court.  Fifteen  days  after 
any  such  election,  the  secretary  of  state,  or  county  clerk,  as 
the  case  may  be,  shall  notify  the  district  attorney  of  any  fail- 
ure to  file  such  a  statement  on  the  part  of  any  candidate,  and 
within  ten  days  thereafter  such  prosecuting  officer  shall  pro- 
ceed to  prosecute  said  candidate  for  such  offense. 

Detailed  Accounts  Must  Be  Kept. 

Sec.  9.  Every  political  committee  shall  have  a  chairman 
and  a  treasurer,  and  shall  cause  the  treasurer  to  keep  detailed 
accounts  of  all  its  receipts,  payments  and  liabilities;  a  true 
and  correct  statement  of  such  accounts,  verified  by  the  affi- 
davit of  the  chairman  and  treasurer,  shall  be  filed  with  the 
secretary  of  state  five  days  before,  and  again  within  fifteen 
days  after  the  election.  Similar  accounts  shall  be  kept  by 
every  person  who  in  the  aggregate  receives  or  expends  money 
or  incurs  liability  to  the  amount  of  more  than  fifty  dollars,  for 
political  purposes,  and  by  every  political  agent  and  candi- 
date. Such  accounts  shall  cover  all  transactions  in  any  way 
affecting  or  connected  with  the  political  canvass,  campaign, 
nomination  or  election  concerned.  Every  person  receiving 
or  expending  money  or  incurring  liability  by  authority  or  in 
behalf  of  or  to  promote  the  success  or  defeat  of  such  com- 
mittee, agent,  candidate,  or  other  person  or  political  party 
or  organization,  shall,  on  demand,  and  in  any  event  within 
fourteen  days  after  such  receipt,  expenditure,  or  incurrence 
of  liability,  give  such  treasurer,  agent,  candidate,  or  other 
person  on  whose  behalf  such  expense  or  liability  was  incurred, 
detailed  account  thereof  with  proper  vouchers.  Every  pay- 
ment, except  payments  less  in  the  aggregate  than  five  dollars 
to  any  person,  shall  be  vouched  for  by  a  receipted  bill  stating 
the  particulars  of  expense.  Every  voucher,  receipt  and  account 
hereby  required  shall  be  a  part  of  the  accounts  and  files  of  such 
treasurer,  agent,  candidate  or  other  person,  and  shall  be  pre- 
served by  the  public  officer  with  whom  it  shall  be  filed  for  at 
least  six  months  after  the  filing  of  the  same,  and  if  any  con- 
test for  office  or  criminal  prosecution  is  instituted  wherein 
the  same  may  become  necessary  or  material,  until  the  final 
determination  of  such  contest  or  prosecution,  as  the  case  may 
be.  Any  person  not  a  candidate  for  any  office  or  nomina- 
tion who  expends  money  or  anything  of  value  to  any  amount, 
or  incurs  indebtedness,  greater  than  fifty  dollars,  in  any 
campaign  for  nomination  or  election,  to  aid  in  the  election 
or  defeat  of  any  candidate  or  candidates,  or  party  ticket,  or 
measure  before  the  people,  shall  within  ten  days  before  and 
ten  days  after  the  election  in  which  said  money  or  valuable 
thing  was  expended,  or  indebtedness  incurred,  file  with  the 


84  CORRUPT  PRACTICE  ACT 

secretary  of  state,  in  the  case  of  a  measure  voted  upon  by  the 
people,  or  of  state  or  district  offices  for  districts  composed  of 
one  or  more  counties,  or  with  the  county  clerk  for  the  county 
offices,  an  intemized  statement  of  such  receipts,  expenditures 
and  indebtedness  and  vouchers  for  every  sum  paid  in  excess 
of  five  dollars,  and  shall  at  the  same  time  deliver  to  the  candi- 
date or  treasurer  of  the  political  organization  whose  success 
or  defeat  he  has  sought  to  promote,  a  duplicate  of  such  state- 
ment and  a  copy  of  such  vouchers.  The  books  of  account  of 
every  treasurer  of  any  political  party,  committee  or  organiza- 
tion, during  an  election  campaign,  shall  be  open  at  all  reason- 
able office  hours  to  the  inspection  of  the  treasurer  and  chair- 
man of  any  opposing  political  party  or  organization,  or  their 
representative  appointed  in  writing,  for  the  same  electoral 
district  or  territory;  and  his  right  of  inspection  may  be 
enforced  by  a  writ  of  mandamus  by  any  court  of  competent 
jurisdiction.  Such  treasurer  shall  preserve  such  book  of 
accounts  as  herein  provided  for  the  preserving  of  vouchers, 
receipts  and  accounts  by  certain  public  officers. 

Secretary  of  State  To  Include  This  Act  in  Election  Laws. 

Sec.  10.  The  secretary  of  state  shall,  at  the  expense  of  the 
state,  furnish  to  the  county  clerk,  copies  of  this  act  as  a  part 
of  the  election  laws.  In  the  filing  of  a  nomination  petition 
or  certificate  of  nomination,  the  secretary  of  state,  in  the 
case  of  state  and  district  offices  for  districts  composed  of  one 
or  more  counties,  and  county  clerks  for  county  offices,  shall 
transmit  to  the  several  political  committees,  and  to  political 
agents,  as  far  as  they  may  be  known  to  such  officer,  copies  of 
this  act,  and  also  to  any  other  person  required  to  file  a  state- 
ment, such  copies  shall  be  furnished  upon  application  there- 
for. Upon  his  own  information,  or  at  the  written  request  of 
any  voter,  said  secretary  of  state  shall  transmit  to  any  other 
person  believed  by  him  or  averred  to  be  a  candidate,  or  who 
may  otherwise  be  required  to  make  a  statement,  a  copy  of 
this  act. 

Officers  Shall  Inspect  Accounts  of  Political  Committees  and 
Candidates. 
Sec.  11.  The  several  officers  with  whom  statements  are 
required  to  be  filed,  shall  inspect  all  statements  of  accounts 
and  expenses  relating  to  nominations  and  elections  filed  with 
them  within  ten  days  after  the  same  are  filed;  and  if  upon 
examination  it  appears  that  any  person  has  failed  to  file  a 
statement  as  required  by  law,  or  if  it  appears  to  any  such 
officer  that  the  statement  filed  with  him  does  not  conform  to 
law,  or  upon  complaint  in  writing  by  a  candidate  or  by  a 
voter  that  a  statement  filed  does  not  conform  to  law  or  to  the 
truth,  or  that  any  person  has  failed  to  file  a  statement  which 
he  is  by  law  required  to  file,  said  officer  shall  forthwith  in 
writing  notify  the  delinquent  person.  Every  such  complaint 
filed  by  a  citizen  or  candidate  shall  state  in  detail  the  grounds 


CORRUPT  PRACTICE  ACT  85 

of  objections,  shall  be  sworn  to  by  the  complainant  and  shall 
be  filed  with  the  officer  within  sixty  days  after  the  filing  of 
the  statement  or  amended  statement.  Upon  the  written 
request  of  a  candidate  or  any  voter,  filed  within  sixteen  days 
after  any  convention,  primary  or  nominating  election,  said  sec- 
retary of  state,  or  county  clerk,  as  the  case  may  be,  shall 
demand  from  any  specified  person  or  candidate  a  statement 
of  all  his  receipts,  disbursements  and  liabilities,  and  a  state- 
ment of  all  promises  made  by  him,  in  connection  with  or  in 
any  way  relating  to  the  nomination  or  election  concerned, 
whether  it  is  an  office  to  which  a  salary  or  compensation  is 
attached  or  not,  and  said  person  shall  thereupon  be  required 
to  file  such  statement  and  to  comply  with  all  the  provisions 
relating  to  statements  herein  contained,  and  mandamus  shall 
lie  to  compel  obedience  to  such  requirements.  Whoever 
makes  a  statement  required  by  this  act  shall  make  oath 
attached  thereto  that  it  is  in  all  respects  correct,  complete, 
full  and  true,  to  the  best  of  his  knowledge  and  belief,  and 
said  verification  shall  be  substantially  in  the  form  herein  pro- 
vided. 

Failure  To  File  Statement,  How  Punished. 

Sec.  12.  Upon  the  failure  of  any  person  to  file  a  state- 
ment within  ten  days  after  receiving  notice  under  the  pre- 
ceding section,  or  if  any  statement  filed  as  above  discloses 
any  violation  of  any  provision  of  this  act  relating  to  corrupt 
practices  in  elections,  or  in  any  other  provision  of  the  elec- 
tion laws,  the  secretary  of  state  or  the  county  clerk,  as  the 
case  may  be,  shall  forthwith  notify  the  attorney-general  and 
the  district  attorney  of  the  district  where  said  violation 
occurred,  and  shall  furnish  them  with  copies  of  all  papers 
relating  thereto,  and  said  district  attorney  shall  within  sixty 
days  thereafter  examine  every  such  case,  and  if  the  evidence 
seems  to  him  to  be  sufficient  under  the  provisions  of  this  act 
he  shall  in  the  name  of  the  state  forthwith  institute  such  civil 
or  criminal  proceedings  as  may  be  appropriate  to  the  facts. 
Any  such  proceeding  may  be  instituted  by  the  attorney- 
general  and  it  shall  be  his  duty  to  assist  in  the  prosecution  of 
such  violations  with  regard  to  all  offices  except  county  offices, 
and  in  case  of  county  offices,  he  may,  if  he  believes  the  facts 
warrant  it,  and  the  district  attorney  fail  to  prosecute,  to 
institute  such  proceedings  as  he  may  believe  the  facts  justify. 

District  Court  To  Have  Jurisdiction. 

Sec.  13.  The  district  court  of  the  county  in  which  any 
statement  of  accounts  and  expenses  relating  to  nominations 
and  elections  should  be  filed,  or  where  the  offense  is  com- 
mitted, or  the  defendant  resides,  unless  herein  otherwise  pro- 
vided, shall  have  original  jurisdiction  of  all  violations  of  this 
act,  and  may  compel  any  person  who  fails  to  file  such  a  state- 
ment which  conforms  to  the  provisions  of  this  act  in  respect 
to  its  truth,  sufficiency  in  detail  or  otherwise  to  file  a  sufficient 


86  CORRUPT  PRACTICE  ACT 

statement,  upon  the  application  of  the  attorney-general  or  of 
the  district  attorney,  or  the  petition  of  a  candidate  or  of  any 
voter. 

All  Statements  To  Be  Preserved  at  Least  Six  Months;  Sub- 
ject to  Public  Inspection. 
Sec.  14.  All  statements  filed  in  pursuance  of  this  act  shall 
be  preserved  by  the  officer  with  whom  filed  for  at  least  six 
months,  and  if  a  contest  or  action  of  any  kind,  civil  or  crim- 
inal, shall  be  instituted,  until  the  same  is  finally  disposed 
of.  They  shall  be  public  records  subject  to  public  inspection, 
and  it  shall  be  the  duty  of  the  officers  having  custody  of  the 
same  to  give  certified  copies  thereof  in  like  manner  as  of  all 
other  public  records.  The  totals  of  each  statement,  filed  with 
him,  with  the  name  of  the  person  or  candidate  filing  it,  shall 
be  published  in  the  next  annual  report  of  the  secretary  of 
state  or  the  county  clerk,  as  the  case  may  be. 

Fictitious  Names  Must  Not  Be  Used. 

Sec.  15.  No  person  shall  make  a  payment  of  his  own 
money  or  of  any  other  person's  money  to  any  other  person 
in  connection  with  the  nomination  or  election  in  any  other 
name  than  that  of  the  person  who  in  truth  supplies  such 
money;  nor  shall  any  person  knowingly  receive  such  pay- 
ment or  enter  or  cause  the  same  to  be  entered  in  his  accounts 
or  records  in  any  other  name  than  that  of  the  person  by 
whom  it  was  actually  furnished;  provided,  if  money  be 
received  from  the  treasurer  of  any  political  organization  it 
shall  be  sufficient  to  enter  the  same  as  received  from  such 
treasurer. 

Promise  of  Appointment,  Direct  or  Indirect,  Not  To  Be 
Made  by  Candidate;  Exception. 
Sec.  16.  No  person  shall,  in  order  to  aid  or  promote  his 
nomination  or  election,  directly  or  indirectly,  himself  or 
through  any  other  person,  promise  to  appoint  another  per- 
son, or  promise  to  secure  or  aid  in  securing  the  appointment, 
nomination  or  election  of  another  person  to  any  public  or 
private  position  or  employment,  or  to  any  position  of  honor, 
trust  or  emolument,  except  that  he  may  publicly  announce 
or  define  his  choice  or  purpose  in  relation  to  any  election  in 
which  he  may  be  called  to  take  part,  if  elected,  and  if  he  is 
a  candidate  for  nomination  or  election  as  a  member  of  the 
legislature,  he  may  pledge  himself  to  vote  for  the  people's 
choice  for  United  States  senator,  or  state  what  his  action 
will  be  on  such  vote. 

Campaign  Contributions,  or  Demand  for  Same,  Prohibited. 
Sec.  17.  No  holder  of  any  public  position  or  office  other 
than  an  office  filled  by  the  voters,  shall  pay  or  contribute  to 
aid  or  promote  the  nomination  or  election  of  any  other  per- 
son to  public  office.  No  person  shall  invite,  demand  or  accept 
payment  or  contribution  from  such  holder  of  a  public 
position  or  office  for  campaign  purposes. 


CORRUPT  PRACTICE  ACT  87 

Appointive  Officer  Cannot  he  Delegate  to  Political  Conven- 
tion, or  Member  of  Committee. 
Sec.  18.  No  holder  of  a  public  position  other  than  an 
office  filled  by  the  voters  shall  be  a  delegate  to  a  convention 
for  the  election  district  that  elects  the  officer  or  board  under 
whom  he  directly  or  indirectly  holds  such  position,  nor  shall 
be  a  member  of  a  political  committee  for  such  district. 

Proxies  Not  Bought  or  Sold. 

Sec.  19.  No  person  shall  invite,  offer  or  effect  the  trans- 
fer of  any  convention,  caucus  or  committee  credential  in 
return  for  any  payment  of  money  or  other  valuable  thing, 
or  appointment  to  any  position  whatsoever. 

Payment  for  Withdrawing  as  Candidate  Prohibited. 

Sec.  20.  No  person  shall  pay,  or  promise  to  reward 
another  in  any  manner  or  form  for  the  purpose  of  inducing 
him  to  be  or  refrain  from  being  or  cease  being  a  candidate 
for  office,  and  no  person  shall  solicit  any  payment,  promise 
or  reward  from  another  for  such  purpose. 

Contributions  to  Societies,  Clubs,  Etc.,  Must  Not  Be  Asked 
of  Candidate  During  Campaign. 
Sec.  21.  No  person  shall  demand,  solicit,  ask  or  invite  any 
payment  or  contribution  for  any  religious,  political,  char- 
itable, social  or  other  cause  or  organization  supposed  to  be 
primarily  or  principally  for  the  public  good,  from  a  person 
who  seeks  to  be  or  has  been  nominated  or  elected  to  any 
office;  and  no  such  candidate  or  elected  person  shall  make 
any  such  payment  or  contribution  if  it  shall  be  demanded 
or  asked  during  the  time  he  is  a  candidate  for  nomination 
or  election  to  or  while  an  incumbent  of  an  office.  No  pay- 
ment or  contribution  for  any  purpose  shall  be  made  a  con- 
dition precedent  to  the  putting  of  a  name  on  any  caucus  or 
convention  ballot  or  nomination  or  petition,  or  to  the  per- 
formance of  any  duty  imposed  by  law  on  a  political  com- 
mittee. No  person  shall  demand,  solicit,  ask  or  invite  any 
candidate  to  subscribe  to  the  support  of  any  club,  church  or 
organization  of  any  kind,  to  buy  tickets  to  any  entertain- 
ment or  ball,  or  to  subscribe  for  or  pay  for  space  in  any 
book,  program,  periodical  or  otfier  publication;  if  any  can- 
didate shall  make  any  such  payment  or  contribution  with 
hope  or  intent  to  influence  the  result  of  the  election,  he  shall 
be  guilty  of  a  corrupt  practice;  but  this  section  shall  not 
apply  to  the  solicitation  of  any  business  advertisement  for 
insertion  in  any  periodical  in  which  such  candidate  was  reg- 
ularly advertising  prior  to  his  candidacy,  nor  to  ordinary 
business  advertisements,  nor  to  his  regular  payment  to  any 
organization,  religious,  charitable  or  otherwise,  of  which  he 
may  have  been  a  member,  or  to  which  he  may  have  been  a 
contributor,  for  more  than  six  months  before  his  candidacy 
nor  to  ordinary  contributions  at  church  services. 


88  CORRUPT  PRACTICE  ACT 

Corporation  or  Officers  Thereof  Prohibited  from  Contrib- 
uting to  Campaign  Funds. 
Sec.  22.  No  corporation,  and  no  person,  trustee  or  trus- 
tees, director  or  directors,  owning,  holding  or  representing 
the  majority  of  the  stock  of  a  corporation  carrying  on  the 
business  of  a  bank,  savings  bank,  cooperative  bank,  trust, 
company,  trust  trustee,  surety,  indemnity,  safe  deposit, 
insurance,  .  railroad,  street  railway,  telegraph,  telephone, 
gas,  electric  light,  heat,  power,  canal,  aqueduct,  water,  sewer, 
cemetery,  or  crematory  company,  or  any  company  having 
the  right  to  take  or  condemn  land  or  to  exercise  franchises  in 
public  ways  granted  by  the  state  or  by  the  county,  city  or 
town,  or  mining  company,  shall  pay  or  contribute  any  money 
or  other  consideration,  or  employ  politicians,  workers,  speak- 
ers, advertisers  in  order  to  aid,  promote  or  prevent  the  nom- 
ination or  election  of  any  person,  or  in  order  to  aid  or  pro- 
mote the  interests,  success  or  defeat  of  any  political  party, 
organization  or  person.  No  person  shall  solicit  or  receive 
such  payment  or  contribution  from  such  corporation  or  such 
holders,  owners  or  representatives  of  a  majority  of  the  stock 
in  any  of  such  corporations. 

^'  Treating'^  Prohibited. 

Sec.  23.  Any  person  or  candidate  who  shall,  either  by 
himself  or  by  another  person,  either  before  or  after  an  elec- 
tion, or  while  such  person  or  candidate  is  seeking  a  nomina- 
tion or  election,  directly  or  indirectly,  give  or  provide,  or 
pay,  wholly  or  in  part,  the  expenses  of  giving  or  providing 
any  meat  or  drink  or  other  entertainment  or  provision, 
clothing,  liquors,  cigars  or  tobacco,  to  or  for  any  person  for 
the  purpose  of  or  with  intent  or  hope  to  induce  that  person 
or  any  other  person  to  give  or  refrain  from  giving  his  vote 
at  such  election  to  or  for  any  candidate  or  political  party, 
ticket,  or  measure  before  the  people  or  on  account  of  such 
person  or  any  other  person  having  voted  or  refrained  from  vot- 
ing for  any  candidate  or  the  candidates  of  any  political  party 
or  organization  or  measure  before  the  people,  or  being  about 
to  vote  or  refrain  from  voting  at  such  election,  shall  be  guilty 
of  treating.  Every  elector  who  accepts  or  takes  any  such 
meat,  drink,  entertainment,  provision,  clothing,  liquors, 
cigars  or  tobacco,  shall  also  be  guilty  of  treating;  and  such 
acceptance  shall  be  a  ground  of  challenge  to  his  vote  and 
rejecting  his  vote  on  a  contest. 

Force  or  Threats  of  All  Kinds  Prohibited. 

Sec.  24.  Every  person  who  shall  directly  or  indirectly, 
by  himself  or  any  other  person,  in  his  behalf,  make  use  of  or 
threaten  to  make  use  of  any  force,  coercion,  violence, 
restraint,  or  undue  influence,  or  inflict  or  threaten  to  inflict, 
by  himself  or  any  other  person,  any  temporal  or  spiritual 
injury,  damage,  harm  or  loss  upon  or  against  any  person, 
expose  or  publish,  or  threaten  to  expose  or  publish,  or  pub- 


CORRUPT  PRACTICE  ACT  89 

lish  an}^  fact  concerning  a  person  in  order  to  induce  or  com- 
pel such  person  to  vote  or  refrain  from  voting  for  any 
candidate  or  the  ticket  of  any  political  party  or  any  measure 
before  the  people ;  and  every  person  who,  otherwise  than  by 
public  speech  or  print,  shall,  either  directly  or  indirectly, 
urge,  persuade  or  command  any  voter  to  vote,  or  refrain  from 
voting  for  or  against  any  candidate  or  political  party  ticket 
or  measure  submitted  to  the  people,  in  the  interest  of  any 
church,  religious  or  other  corporation  or  organization,  or 
who  shall  by  abduction,  duress  or  any  fraudulent  contriv- 
ance, impede  or  prevent  the  free  exercise  of  the  franchise  by 
any  voter  at  any  election,  or  shall  thereby  compel,  induce  or 
prevail  upon  any  elector  to  give  or  refrain  from  giving  his 
vote,  or  shall  discharge,  or  change  the  place  of  any  employee 
with  the  intent  and  for  the  purpose  of  impeding  or  prevent- 
ing the  free  exercise  of  the  franchise  by  such  voters,  shall  be 
guilty  of  undue  influence,  and  shall  be  punished  as  for  a  cor- 
rupt practice. 

Betting  Money  on  Election  Prohibited — Grounds  for  Chal- 
lenge. 
Sec.  25.  Any  candidate  who,  before  or  during  any  elec- 
tion campaign,  makes  any  bet  or  wager  of  anything  of  pecun- 
iary value,  or  in  any  manner  becomes  a  party  to  any  such  bet 
or  wager  on  the  result  of  the  election  in  this  state,  or  in  any 
part  thereof,  or  on  any  event  or  contingency  relating  to  any 
pending  election,  or  who  provides  money  or  other  valuable 
thing  to  be  used  by  any  person  in  betting  or  wagering  upon 
the  results  of  any  pending  election,  shall  be  guilty  of  a  cor- 
rupt practice.  Any  person  who  makes  any  bet  or  wager  of 
anything  of  pecuniary  value  on  the  result  of  such  election 
in  this  state  or  in  any  part  thereof,  or  of  any  pending  elec- 
tion, or  on  any  event  or  contingency  relating  thereto,  shall 
be  guilty  of  a  corrupt  practice,  and  in  addition  thereto  any 
such  act  shall  be  a  ground  of  challenge  against  his  right  to 
vote. 

Applying  for  Ballot  in  Name  of  Another  a  Felony. 

Sec.  26.  Any  person  shall  be  deemed  to  be  guilty  of  the 
offense  of  personation  who,  at  any  election,  applies  for  a  bal- 
lot in  the  name  of  some  other  person,  whether  it  be  that  of  a 
person  living  or  dead,  or  of  a  fictitious  person,  or  who,  hav- 
ing voted  once  at  an  election  applies  at  the  same  election  for 
a  ballot  in  his  own  name;  and  on  conviction  thereof  such 
person  shall  be  punished  by  imprisonment  in  the  peniten- 
tiary at  hard  labor  for  not  less  than  one  nor  more  than  three 
years. 

Corrupt  Practices  Defined — When  Deemed  Prevalent. 

Sec.  27.  Any  person  shall  be  guilty  of  a  corrupt  practice 
within  the  meaning  of  this  act  if  he  expends  any  money  for 
election  purposes  contrary  to  the  provisions  of  any  statute  of 
this  state,  or  if  he  is  guilty  of  treating,  undue  influence,  per^ 


90  CORRUPT  PRACTICE  ACT 

sonation,  the  giving  or  promising  to  give,  or  offer  of  any 
money  or  valuable  thing  to  any  elector  with  intent  to  induce 
such  elector  to  vote  for  or  refrain  from  voting  for  any  can- 
didate for  public  office,  or  the  ticket  of  any  political  party 
or  organization,  or  any  measure  submitted  to  the  people,  at 
any  election,  or  to  register  or  refrain  from  registering  as  a 
voter  at  any  state,  district,  county,  city,  town,  village  or 
school  district  election  for  public  offices  or  on  public  meas- 
ures. Such  corrupt  practice  shall  be  deemed  to  be  prevalent 
when  instances  thereof  occur  in  different  election  districts 
similar  in  character  and  sufficient  in  number  to  convince  the 
court  before  which  any  case  involving  the  same  may  be  tried 
that  they  were  general  and  common,  or  where  pursuant  to 
a  general  scheme  or  plan. 

Payment  of  Transportation  or  Other  Expenses  of  Voters 
Prohibited. 
Sec.  28.  It  shall  be  unlawful  for  any  person  to  pay 
another  for  any  loss  or  damage  due  to  attendance  at  the  polls, 
or  in  registering,  or  for  the  expense  of  transportation  to  or 
from  the  polls,  or  for  the  purpose  of  registering.  No  per- 
son shall  pay  for  personal  service  to  be  performed  on  the 
day  of  a  caucus,  primary,  convention,  or  any  election,  for 
any  purpose  connected  therewith,  tending  in  any  way, 
directly  or  indirectly,  to  affect  the  result  of  the  election, 
except  for  the  hiring  of  not  to  exceed  two  persons  for  each 
polling  precinct,  whose  sole  duty  shall  be  to  act  as  chal- 
lengers and  watch  the  count  of  the  official  ballots. 

Employee  of  Corporation  Culpable,  When. 

Sec.  29.  Any  officer,  agent,  servant,  employee  or  repre- 
sentative of  a  corporation,  acting  for  such  corporation,  while 
without  the  State  of  Nevada,  or  any  individual,  while  with- 
out the  state,  acting  in  behalf  of  himself,  or  another  or 
others,  who  shall  do  any  one  or  more  of  the  acts  and  things 
prohibited  by  this  act,  shall  be  guilty  of  a  corrupt  practice 
and  punished  accordingly. 

Conveyances  Must  Not  Be  Provided  for  Voters — Exception, 
With  Provisions. 
Sec.  30.  No  individual  or  committee  representing  any 
political  party  or  candidate  for  office,  and  no  candidate  for 
office,  either  in  a  general,  special  or  primary  election,  shall 
furnish  or  provide  any  buggy,  carriage,  wagon,  cart,  auto- 
mobile, or  conveyance  of  any  kind  or  character  whatsoever 
for  the  taking  or  transporting  of  a  voter  or  voters  to  the 
polls,  nor  shall  any  other  person  or  corporation  furnish  any 
of  said  conveyances  for  any  such  purpose  in  behalf  of  any 
candidate,  political  party,  organization  or  measure ;  pro- 
vided, that  any  two  or  more  political  parties  may  cooperate 
in  the  furnishing  of  conveyances  for  the  purpose  of  taking 
sick  or  crippled  persons  to  the  polls,  but  when  so  furnished 
they  shall  have  neither  banner  nor  worker  upon  them.    Any 


CORRUPT  PRACTICE  ACT  01 

person  violating  this  section  shall  be  guilty  of  a  corrupt 
practice. 

Cigars,  Liquor  and  Candy  Prohibited. 

Sec.  31.  No  candidate  for  office,  either  in  a  general, 
special  or  primary  election  shall  peddle  or  distribute  cigars, 
liquors  or  confectioneries  to  any  person  while  such  candidate, 
nor  shall  any  person  or  persons  in  behalf  of  a  candidate 
peddle  or  distribute  cigars,  tobaccos,  liquors  or  confection- 
eries. Any  person  violating  this  section  shall  be  guilty  of  a 
corrupt  practice. 

Witness  Not  To  Incriminate  Self. 

Sec.  32.  No  person,  otherwise  competent  as  a  witness, 
shall  be  exempt  from  testifying  as  such,  concerning  any  vio- 
lation of  this  act,  on  the  ground  that  such  testimony  may 
incriminate  him;  provided,  no  prosecution  shall  afterwards 
be  had  against  any  such  witness  for  any  offense  concerning 
which  he  testifies. 

Certain  Inhibitions  Concerning  Newspapers. 

Sec.  33.  No  publisher  of  a  newspaper  or  other  periodical 
shall  insert,  either  in  its  advertisement  or  reading  columns 
any  paid  matter  which  is  designed  or  tends  to  aid,  injure  or 
defeat  any  candidate  or  political  party  or  organization,  or 
measure  before  the  people,  unless  it  is  stated  therein  that  it  is 
paid  advertisement,  and  the  name  of  the  chairman  or  secre- 
tary, or  the  names  of  the  other  officers  of  the  political  or 
other  organization  inserting  the  same,  or  the  name  of  the 
person  who  is  responsible  therefor,  if  any,  appear  in  such 
advertisement  in  the  nature  of  a  signature.  No  person  shall 
directly  or  indirectly  pay  or  offer  any  inducement  to  the 
owner,  editor,  publisher  or  agent  of  any  newspaper  or  other 
periodical  to  induce  him  to  editorially  advocate  or  oppose  any 
candidate  for  nomination  or  election,  and  no  such  owner, 
editor,  publisher  or  agent  of  any  newspaper  or  periodical 
shall  accept  such  payment  or  other  inducement.  Any  per- 
son who  shall  violate  any  of  the  provisions  of  this  section 
shall  be  punished  as  for  a  corrupt  practice. 

All  Printed  Matter  Must  Carry  Name  of  Author  and  Printer, 
With  Address. 
Sec.  34.  It  shall  be  unlawful  to  write,  print,  or  circulate 
through  the  mails  or  otherwise  any  letter,  circular,  bill,  pla- 
card or  poster  relating  to  any  election  or  to  any  candidate  at 
any  election,  unless  the  same  shall  bear  on  its  face  the  name 
and  address  of  the  author,  and  of  the  printer  and  publisher 
thereof;  and  any  person  writing,  printing,  publishing,  cir- 
culating, posting,  or  causing  to  be  written,  printed,  circu- 
lated, posted  or  published  any  such  letter,  bill,  placard, 
circular,  or  poster,  as  aforesaid,  Avhich  fails  to  bear  on  its  face 
the  name  and  address  of  the  author  and  of  the  printer  and 
publisher,  shall  be  guilty  of  an  illegal  practice,  and  shall,  on 


92  CORRUPT  PRACTICE  ACT 

conviction  thereof,  be  punished  by  a  fine  of  not  less  than  ten 
dollars  nor  more  than  one  thousand  dollars,  or  by  imprison- 
ment in  the  county  jail  for  not  more  than  eight  months,  or 
by  both  such  fine  and  imprisonment.  If  any  letter,  circular, 
poster,  bill,  publication  or  placard  shall  contain  any  false 
statement  or  charges,  whether  such  charges  be  direct  or  by 
innuendo,  insinuation  or  implication,  reflecting  on  any  candi- 
date's character,  morality  or  integrity,  the  author  thereof  and 
every  person  printing  or  knowingly  assisting  in  the  circula- 
tion thereof,  shall  be  guilty  of  political  criminal  libel,  and 
upon  conviction  thereof  shall  be  punished  by  imprisonment 
in  the  penitentiary  for  not  less  than  one  nor  more  than  three 
years.  If  the  person  charged  with  such  crime  shall,  on  his 
trial,  prove  that  the  statements  made  were  true,  or  that  he 
had  reasonable  ground  to  believe  such  charge  was  true,  and 
did  believe  it  was  true,  and  that  he  was  not  actuated  by 
malice  in  making  such  publication,  it  shall  be  a  sufficient 
defense  to  such  charge.  But  in  the  event  the  defense  is  that 
defendant  had  reasonable  ground  to  believe  the  charge  was 
true,  and  did  believe  it  to  be  true,  as  a  part  of  his  defense, 
he  shall  also  prove  that,  at  least  five  days  before  such  letter, 
circular,  poster,  bill  or  placard  containing  such  false  state- 
ment or  statements  was  printed  or  circulated,  he  caused  to 
be  served  personally  upon  the  candidate  to  whom  it  relates 
a  copy  thereof  in  writing,  and  calling  his  attention  particu- 
larly to  the  charges  contained  therein,  and  that,  before  print- 
ing, publishing,  or  circulating  such  charges,  he  received  and 
read  any  denial,  defense  or  explanation,  if  any,  made  or 
offered  to  him  in  writing  by  the  accused  candidate  within 
five  days  after  the  service  of  such  charge  upon  the  accused 
person. 

Candidate's  Name  Not  To  Be  Put  on  Official  Ballot  Unless 
Statement  Regarding  Primary  Expenses  Is  Filed. 
Sec.  35.  The  name  of  the  candidate  chosen  at  a  primary 
nominating  election  or  otherwise,  shall  not  be  printed  on  the 
official  ballot  for  the  ensuing  election  unless  there  has  been 
filed  by  or  on  behalf  of  said  candidate  the  statements  of 
accounts  and  expenses  relating  to  nominations  required  by 
this  act,  as  well  as  a  statement  of  his  political  agents  and  by 
his  political  committee  or  committees  in  his  behalf,  if  pub- 
lic records  disclose  the  existence  of  such  agents,  committee 
or  committees.  The  officer,  or  board  entrusted  by  law  with 
the  preparation  of  the  official  ballots  for  any  election  shall, 
as  far  as  practical,  warn  candidates  of  the  danger  of  omis- 
sion of  their  names  by  reason  of  this  provision,  but  delay 
in  making  any  such  statement  beyond  the  time  prescribed 
shall  not  preclude  its  acceptance  or  prevent  the  insertion  of 
the  name  on  the  ballot  if  there  is  reasonable  time  therefor 
after  the  receipt  of  such  statements.  Any  such  vacancy  on 
the  ballot  shall  be  filled  by  the  proper  committee  of  the  polit- 


CORRUPT  PRACTICE  ACT  98 

ical  party  affected  in  the  manner  authorized  by  law,  but  not 
by  the  use  of  the  name  of  the  candidate  who  failed  to  file 
such  statements.  No  person  shall  receive  a  certificate  of 
election  until  he  shall  have  filed  his  statements  required  b> 
this  act. 

Unlawful  To  Be,  or  Refrain  from  Being,  Candidate  for  Con- 
sideration. 
Sec.  36.  It  shall  be  unlawful  for  any  person  to  accept, 
receive  or  pay  money  or  other  valuable  consideration  for 
becoming  or  refraining  from  becoming  a  candidate  for  nomi- 
nation or  election.  Upon  complaint  made  to  any  district 
court,  if  the  judge  shall  be  convinced  that  any  person  has 
sought  the  nomination  or  seeks  to  have  his  name  presented 
to  the  voters  as  a  candidate  for  nomination  by  any  political 
party,  in  violation  of  the  provisions  of  this  section,  the  judge 
shall  forthwith  issue  a  writ  of  injunction  restraining  the 
officer  or  officers  whose  duty  it  is  to  prepare  the  official  bal- 
lots for  such  nominating  election  from  placing  the  name  of 
such  person  thereon  as  a  candidate  for  nomination  to  any 
office.  In  addition  thereto  the  court  shall  direct  the  district 
attorney  to  institute  criminal  proceeding  against  such  per- 
son or  persons  for  corrupt  practice,  and  upon  conviction 
thereof  he  and  any  person  or  persons  paying  or  giving  any 
such  valuable  consideration  for  becoming  or  refraining  from 
becoming  a  candidate  shall  be  punished  by  a  fine  of  not  more 
ttian  one  thousand  dollars,  or  imprisoned  in  the  county  jail 
for  not  more  than  one  year,  or  both. 

Candidate  Not  Deprived  of  Nomination  or  Office  for  Trivial 
Offense. 
Sec.  37.  Where,  upon  the  trial  of  any  action  or  proceed- 
ing for  the  contest  of  the  right  of  any  person  declared  nom- 
inated or  elected  to  office,  or  to  annul  or  set  aside  such  nomi- 
nation or  election,  or  to  remove  a  person  from  his  office,  it 
appears  from  the  evidence  that  the  offense  complained  of  was 
not  committed  by  the  candidate,  or  with  his  knowledge  or 
consent,  or  was  committed  without  his  sanction  or  conniv- 
ance, and  that  all  reasonable  means  for  preventing  the  com- 
mission of  such  offense  at  such  election  were  taken  by  and 
on  behalf  of  the  candidate,  or  that  the  offense  or  offenses* 
complained  of  were  trivial,  unimportant  and  limited  in  char- 
acter, and  that  in  all  other  respects  his  participation  in  the 
election  were  free  from  such  offense  or  illegal  acts,  or  that 
any  act  or  omission  of  the  candidate  arose  from  inadvertence, 
or  from  accidental  miscalculation,  or  from  some  other  reason- 
able cause  of  a  like  nature  and  in  any  case  did  not  arise  from 
any  want  of  good  faith,  and  under  the  circumstances  it 
seems  to  the  court  to  be  unjust  that  the  said  candidate  shall 
forfeit  his  nomination  or  office  or  be  deprived  of  any  office 
of  which  he  is  the  incumbent,  then  the  nomination  or  elec- 
tion of  such  candidate  shall  not  by  reason  of  such  offense  or 


94  CORRUPT  PRACTICE  ACT 

omission  complained  of  be  void,  nor  shall  the  candidate  be 
removed  or  deprived  of  his  office. 

When  Deemed  Usurper  of  Office — Exception. 

Sec.  38.  Any  person  nominated  or  elected  to  any  office 
in  the  state  who  has  been  guilty  of  a  corrupt  practice,  or  vio- 
lated the  provisions  of  this  act,  except  as  provided  in  the 
preceding  section,  shall  forfeit  such  nomination  or  office  to 
which  he  has  been  so  nominated  or  elected  and  thereafter  if 
he  obtains  possession  of  such  office  shall  be  deemed  a  usurper 
and  upon  the  trial  of  any  action  or  proceeding  for  the  con- 
testing of  the  rights  of  any  person  declared  to  be  nominated 
to  an  office,  or  to  annul  or  set  aside  such  election,  or  to  remove 
any  person  from  his  office,  it  shall  be  proven  that  such  person 
was  guilty  of  any  corrupt  practice,  illegal  act,  or  undue 
influence  in  or  about  such  nomination  or  election,  he  shall 
be  punished  by  being  deprived  of  the  nomination  or  office, 
as  the  case  may  be,  and  the  vacancy  therein  shall  be  filled  in 
the  manner  provided  by  law.  The  only  exception  to  this 
judgment  shall  be  that  provided  in  section  37  of  this  act; 
such  judgment  shall  not  prevent  the  candidate  or  officer  from 
being  proceeded  against  by  indictment  or  criminal  informa- 
tion for  any  such  act  or  acts. 

District  Attorney  and  Attorney-General  To  Act. 

Sec.  39.  If  any  district  attorney  shall  be  notified  by  an 
officer  or  other  person  of  any  violation  of  any  of  the  pro- 
visions of  this  act  within  his  jurisdiction,  it  shall  be  his  duty 
forthwith  to  notify  the  attorney-general  and  to  diligently 
inquire  into  the  facts  of  such  violation,  and  if  there  be 
reasonable  ground  for  instituting  a  prosecution,  it  shall  be 
the  duty  of  such  district  attorney  to  file  a  complaint  or 
information  in  writing  before  a  court  of  competent  jurisdic- 
tion, charging  the  accused  person  with  such  offense;  if  any 
district  attorney  shall  fail  or  refuse  to  faithfully  perform 
any  duty  imposed  upon  him  by  this  act,  he  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall 
forfeit  his  office.  It  shall  be  the  duty  of  the  district  attorney, 
under  penalty  of  forfeiture  of  his  office,  to  prosecute  any 
and  all  persons  guilty  of  any  violation  of  the  provisions  of 
•this  act,  the  penalty  of  which  is  fine  or  imprisonment,  or 
both,  or  removal  from  office. 

Fines  for  Corporations. 

Sec.  40.  A  corporation  for  the  violation  of  any  of  the  pro- 
visions of  this  act  shall  be  subject  to  a  fine  of  not  more  than 
one  hundred  thousand  dollars  ($100,000),  or  may  be  sub- 
ject to  have  declared  a  forfeiture  of  the  charter  and  fran- 
chise of  the  corporation,  if  organized  under  the  laws  of  this 
state,  or  if  it  be  a  foreign  corporation  it  shall  be  subject  to 
be  enjoined  from  further  transacting  business  in  this  state, 
or  by  both  such  fine  and  forfeiture,  or  by  both  such  fine  and 
injunction,  as  the  case  may  be.    And  any  officer  or  agent  or 


CORRUPT  PRACTICE  ACT  95 

employee  of  such  corporation  knowingly  aiding,  assisting  or 
representing  such  corporation  in  the  performance  of  such 
act  shall  be  guilty  of  a  corrupt  practice  and  shall  be  punished 
by  a  fine  of  not  more  than  five  thousand  dollars  ($5,000),  or 
by  imprisonment  in  the  county  jail  for  not  less  than  one  or 
more  than  twelve  months,  or  by  both  such  fine  and  imprison- 
ment. 

General  Penalties  and  Punishments. 

Sec.  41.  Every  person  guilty  of  a  corrupt  practice,  as 
defined  in  this  act,  is  guilty  of  a  crime  and  whoever  violates 
any  of  the  provisions  of  this  act,  the  punishment  for  which 
is  not  specially  provided  by  law,  shall  on  conviction  thereof 
be  punished  by  imprisonment  in  the  county  jail  for  not  more 
than  one  year,  or  by  fine  of  not  more  than  ten  thousand  dol- 
lars, or  by  both  such  fine  and  imprisonment. 

Statement  of  Expenses. 

Sec.  42.  The  statement  of  expenses  required  from  candi- 
dates and  others  by  this  act  shall  be  substantially  as  follows : 
State  of  Nevada,  County  of ss. 

I, ,  having  been  a  candidate  (or  expended 

money)  at   the    election   for   the  (state)  (district)  (city)  of 

,  on  the day  of ,  A.D.  19....,  being 

first  duly  sworn,  on  oath  so  say:  That  I  have  carefully 
examined  and  read  the  return  of  my  election  expenses  and 
receipts  hereto  attached,  and  to  the  best  of  my  i^nowledge  and 
belief  that  return  is  full,  correct  and  true. 

And  I  further  state  on  oath  that,  except  as  appears  from 
this  return,  I  have  not,  and  to  the  best  of  my  knowledge  and 
belief  no  person,  nor  any  club,  society  or  association  or  polit- 
ical agent  has  on  my  behalf,  whether  authorized  by  me  or  not, 
made  any  payment  or  given,  promised,  or  offered  any  reward, 
office,  employment,  or  position,  public  or  private,  or  valuable 
consideration,  or  incurred  any  liability  on  account  of,  or  in 
respect  to,  the  conduct  or  management  of  the  said  nomina- 
tion (or  election). 

And  I  further  state  on  oath  that,  except  as  specified  in  this 
return,  I  have  not  paid  any  money,  security,  or  equivalent 
for  money,  nor  has  any  money  or  equivalent  for  money,  to 
my  knowledge  or  belief,  been  paid,  advanced,  given  or  depos- 
ited by  any  one  to  or  in  the  hand  of  myself  or  any  other 
person  for  my  nomination  or  election  or  for  the  purpose  of 
paying  any  expense  incurred  on  my  behalf  on  account  of  or 
in  respect  of  the  conduct  or  management  of  the  said  election. 

And  I  further  state  on  oath  that  I  will  not,  except  as  far  as 
I  may  be  permitted  by  law,  at  any  future  time  make  or  be  a 
party  to  the  making  or  giving  of  any  payment,  reward,  office, 
position  or  employment,  or  valuable  consideration  for  the 
purpose  of  defraying  any  such  expenses  or  obligations  as 
herein  mentioned  or  on  account  of  my  nomination  or  elec- 
tion, or  provide  or  be  a  party  to  the  providing  of  any  money, 


96  CORRUPT  PRACTICE  ACT 

security  or  equivalent  for  money  for  the  purpose  of  defray- 
ing any  such  expense. 

And  I  further  state  that  the  following  persons  and  no 
others  were  appointed  by  me  as  my  political  agents,  viz: 
(give  name  and  address).  That  herewith  is  attached  true 
copies  of  the  written  appointments  of  such  agents  (attach 
copies  of  appointments).  That  I  have  received  reports  from 
all  my  political  agents  (or  the  facts).  That  I  have  not 
expended,  paid  out,  authorized  or  become  liable  for  any 
moneys  or  expenditures  in  excess  of  the  amount  permitted  by 
statute,  including  the  expenditure,  debts  and  liabilities  of  my 
political  agents.  That  I  have  read  the  laws  of  the  State  of 
Nevada  concerning  elections  and  that  I  have  not  knowingly 
violated  any  of  such  laws.  (If  any  exceptions  state  them.) 
(Signature  of  affiant) 

Subscribed  and  sworn  to  by  the  above-named , 

on  the day  of ,  A.  D.  19....,  before  me,  in 

my  county  aforesaid. 

(Title  of  officer.) 

Attached  to  said  affidavit  shall  be  a  full  and  complete 
account  of  the  receipts,  contributions  and  expenses  of  said 
affiant,  and  of  his  supporters,  of  which  he  has  knowledge, 
with  numbered  vouchers  for  all  sums  and  payments  for  which 
vouchers  are  required.  The  affidavit  and  account  of  the 
treasurer  of  any  committee  or  any  political  party  or  organi- 
zation shall  be  as  nearly  as  may  be  in  the  same  form,  and  so 
also  shall  be  the  affidavit  of  any  person  who  has  received  or 
expended  money  in  excess  of  the  sum  of  fifty  dollars  to  aid 
in  securing  the  nomination  or  election  or  defeat  of  any  can- 
didate, or  of  any  political  party  or  of  any  measure  before 
the  people. 

False  Oath  Is  Perjury. 

Sec.  43.  Any  person  who  shall  knowingly  make  any  false 
oath  or  affidavit,  where  an  oath  or  affidavit  is  required  by  this 
act,  shall  be  deemed  guilty  of  perjury  and  punished  accord- 
ingly. 

Not  Retroactive. 

Sec.  44.  None  of  the  provisions  of  this  act  shall  be  con- 
strued as  governing,  or  relating  to,  or  in  any  manner  affect- 
ing any  past  acts,  omissions  or  transactions. 

Each  Section  Independent. 

Sec.  45.  If  any  section  or  clause  of  this  act  shall  be  held 
unconstitutional  it  shall  not  affect  or  invalidate  any  other 
part  of  this  act. 


CONSTITUTIONAL  AMENDMENTS  97 

CONSTITUTIONAL  AMENDMENTS 


[From  the  Constitution  of  Nevada] 
ARTICLE  XVI 

AMENDMENTS 

Constitution  Amended,  How. 

Section  1.  Any  amendment  or  amendments  to  this  con- 
stitution may  be  proposed  in  the  senate  or  assembly ;  and  if 
the  same  shall  be  agreed  to  by  a  majority  of  all  the  members 
elected  to  each  of  the  two  houses,  such  proposed  amendment 
or  amendments  shall  be  entered  on  their  respective  journals, 
with  the  yeas  and  nays  taken  thereon,  and  referred  to  the 
legislature  then  next  to  be  chosen,  and  shall  be  published  for 
three  months  next  preceeding  the  time  of  making  such  choice. 
And  if,  in  the  legislature  next  chosen  as  aforesaid,  such  pro- 
posed amendment  or  amendments  shall  be  agreed  to  by  a 
majority  of  all  the  members  elected  to  each  house,  then  it  shall 
be  the  duty  of  the  legislature  to  submit  such  proposed  amend- 
ment or  amendments  to  the  people  in  such  manner  and  at 
such  time  as  the  legislature  shall  prescribe ;  and  if  the  people 
shall  approve  and  ratify  such  amendment  or  amendments  by 
a  majority  of  the  electors  qualified  to  vote  for  members  of  the 
legislature  voting  thereon,  such  amendment  or  amendments 
shall  become  a  part  of  the  constitution. 

Constitutional  Convention,  When. 

Sec.  2.  If  at  any  time  the  legislature,  by  a  vote  of  two- 
thirds  of  the  members  elected  to  each  house,  shall  determine 
that  it  is  necessary  to  cause  a  revision  of  this  entire  constitu- 
tion, they  shall  recommend  to  the  electors,  at  the  next  elec- 
tion for  members  of  the  legislature,  to  vote  for  or  against  a 
convention,  and  if  it  shall  appear  that  a  majority  of  the 
electors  voting  at  such  election  shall  have  voted  in  favor  of 
calling  a  convention,  the  legislature  shall,  at  its  next  session,. 
provide  by  law  for  calling  a  convention  to  be  holden  within 
six  months  after  the  passage  of  such  law ;  and  such  conven- 
tion shall  consist  of  a  number  of  members  not  less  than  that 
of  both  branches  of  the  legislature.  In  determining  what  is 
a  majority  of  the  electors  voting  at  such  election,  reference 
shall  be  had  to  the  highest  number  of  votes  cast  at  such  elec- 
tion for  the  candidates  for  any  office  or  on  any  question. 


An  Act  providing  for  the  manner  of  submitting  constitu- 
tional amendments  to  the  voters  of  the  State  of  Nevada. 
[Approved  March  5,  1887,  p.  122] 

1878.     Board  of  Examiners  Shall  Order  Proposed  Amend- 
ments Published. 
Section  1.     Whenever  the  conditions  prescribed  by  the 
constitution  of  the  State  of  Nevada  for  amending  the  same 


98  CONSTITUTIONAL  AMENDMENTS 

have  been  complied  with  by  the  legislature,  the  state  board 
of  examiners  shall  order  such  proposed  amendments  to  the 
constitution  published  in  one  daily  newspaper  of  general 
circulation,  published  in  the  State  of  Nevada,  for  a  period 
of  ninety  days  next  preceding  any  general  election  held  in 
this  state,  when  any  proposed  amendments  are  pending. 

1879.  Publisher  Shall  Print  and  Clerk  Mail  Copies  of  Paper 

to  Voters. 
Sec.  2.  The  publisher  of  the  newspaper  publishing  the 
proposed  amendments,  as  required  by  this  act,  shall  print 
and  send  to  the  county  clerk  of  each  county  in  this  state,  as 
many  copies  of  said  newspapers  containing  the  publication 
of  said  proposed  amendments  as  there  were  registered  voters 
for  the  general  election  of  eighteen  hundred  and  eighty-six, 
and  the  printing  and  mailing  of  said  extra  copies  required 
under  this  act  shall  be  done  by  the  publisher  without  expense 
to  the  state.  It  is  hereby  made  the  duty  of  the  clerk  of  each 
county  to  mail  to  every  registered  voter  within  his  county  a 
copy  of  the  newspaper  containing  the  proposed  amendments. 

1880.  Commissioners'  Proclamation. 

Sec.  3.  The  several  boards  of  county  commissioners  in  this 
state,  before  the  next  general  election  after  final  agreement 
by  the  legislature  to  any  proposed  amendments  to  the  con- 
stitution, shall,  in  their  proclamation,  order  that  there  be 

printed   on   the   ballots:    "Amendment   No ,   Yes";    or 

"Amendment  No ,  No." 

1881.  Canvass  and  Return. 

Sec.  4.  The  vote  on  an  amendment  to  the  constitution 
shall  be  canvassed  and  returned  in  the  same  manner  as  is  or 
may  be  provided  by  law  for  the  canvass  and  return  of  votes 
for  elective  officers. 


MISCELLANEOUS  99 


MISCELLANEOUS 


ONE  REGISTRATION  SUFFICIENT 

An  Act  providing  for  a  single  registration  of  the  names  of 
electors  to  vote  at  any  primary  election  and  at  the  elec- 
tion for  ivhich  candidates  are  nominated  at  such  primary 
election. 

[Approved  March  23,  1911— Stats.  1911,  p.  335] 

Registration  at  Primary  Sufp^cient  for  Regular  Election. 

Section  1.  Hereafter  when  any  qualified  elector  shall 
have  registered  a  vote  at  any  primary  election  under  the 
provisions  of  section  17  of  "An  act  to  provide  for  the  direct 
nomination  of  candidates  for  public  office  by  electors,  politi- 
cal parties  and  organizations  of  electors,  without  conven- 
tions, at  elections  to  be  known  and  designated  as  primary 
elections,  determining  the  tests  and  conditions  upon  which 
electors,  political  parties  and  organizations  of  electors  may 
participate  in  any  such  primary  election,  and  establishing 
the  rates  of  compensation  for  primary  election  officers  serv- 
ing at  such  primary  elections;  providing  for  the  organiza- 
tion of  political  parties  and  the  promulgation  of  their  plat- 
forms, and  providing  the  methods  whereby  the  electors  of 
political  parties  may  express  their  choice  for  United 
States  senator;  to  provide  for  the  registration  of  voters 
for  said  primary  elections  and  the  compensation  of  regis- 
try agents,  and  to  provide  penalties  for  violating  the 
provisions  of  this  act,"  approved  March  23,  1909,  and  his 
name  shall  appear  on  the  supplemental  register  provided 
for  in  said  section  17,  said  elector  shall  not  be  required  to 
register  again  in  the  same  voting  precinct  as  a  qualification 
to  vote  at  the  election  for  which  candidates  were  nominated 
at  such  primary  election  for  which  he  has  previously  regis- 
tered; and  the  registry  agent  shall  copy  the  names  appear- 
ing on  said  supplemental  register  into  the  registration  books 
for  said  election  the  same  as  if  such  elector  had  registered 
for  such  election  as  now  required  by  the  registration  laws 
of  this  state. 

[This  Act  probably  superseded  by  provisions  of  the  Gen- 
eral Election  Law.] 


100  MISCELLANEOUS 

CONCERNING  MUNICIPAL  REGISTRATION 

Chap.  247 — An  Act  to  provide  for  a  registration  list  of  the 
names  of  electors  in  certain  incorporated  cities  within  the 
State  of  Nevada,  prescribing  certain  duties  and  fixing  the 
compensation  of  certain  registration  agents,  providing  for 
the  method  of  nominating  candidates  to  he  voted  for  at 
municipal  elections  in  such  incorporated  cities,  and  other 
matters  properly  appertaining  thereto. 
[Approved  March  25,  1913] 
Municipal  Voters  Segregated  on  Registry, 

Section  1.  In  all  incorporated  cities  within  this  state  poll- 
ing more  than  two  thousand  votes  at  the  last  general  election 
preceding  any  special  or  regular  municipal  election  it  shall 
not  be  necessary  to  have  a  new  registration  of  electors,  but 
the  justice  of  the  peace  or  other  registry  agent  of  any  town- 
ship within  this  state,  which  shall  have  within  its  limits  any 
incorporated  city  as  herein  contained,  shall,  during  the  time 
intervening  between  the  closing  of  any  registration  of  elect- 
ors at  the  last  preceding  general  election  and  the  date  of 
the  next  ensuing  general  or  special  municipal  election,  care- 
fully prepare  and  certify  from  the  official  register  of  the 
last  preceding  general  election,  into  suitable  books,  one  for 
each  ward  within  said  incorporated  cities,  the  names  of  all 
the  electors  contained  in  the  said  official  register,  alphabeti- 
cally arranged  (the  surname  first),  entering  opposite  each 
name  the  number  it  bears  on  said  official  register,  together 
with  all  other  entries  found  opposite  such  name,  and  indicat- 
ing with  a  cross  of  red  ink  those  electors  whose  addresses 
show  that  fhey  do  not  reside  within  the  corporate  limits  of 
said  city.  The  registry  agent  shall  keep  in  his  office  the  origi- 
nal certified  copy  of  the  said  registration  list  as  herein  con- 
tained, and  shall,  not  later  than  the  day  preceding  the  election, 
deliver  to  one  of  the  inspectors  of  the  election  of  each  ward  in 
said  city  a  certified  copy  of  the  said  list  to  be  used  at  said  elec- 
tion, and  he  shall  also  prepare  not  later  than  the  daypreceding 
the  day  on  which  the  election  is  to  be  held,  in  "index  books," 
one  for  each  ward,  and  which  shall  be  known  as  a  "check 
list,"  lists  of  the  names  of  all  the  electors  found  on  the  official 
register  for  such  wards,  alphabetically  arranged  (the  sur- 
name first),  with  the  number  such  name  bears  in  the  official 
register  placed  at  the  left  of  the  name  of  the  elector,  and 
with  a  blank  column  at  the  right  of  the  column  of  names, 
formed  by  two  parallel  perpendicular  lines,  in  which  the 
inspectors  of  election  shall  check  the  names  of  those  voting, 
by  some  particular  character,  as  for  instance  thus:  "V"  for 
voted.  Said  blank  columns  last  mentioned  shall  have  written 
headings  made  by  the  registry  agents,  showing  what  par- 
ticular election  said  "check  lists"  apply  to,  as,  for  instance, 
"Voted  at  City  Election,  1913."     The  copy  of  the  official 


MISCELLANEOUS  ^  ^  ^Z/.  \     \  :''']f9l*;  '? 

register,  together  with  the  "check  list"  for  each  ward,  as 
herein  provided,  shall  be  carefully  prepared  and  duly  certi- 
fied to  by  the  registry  agent  and  delivered  to  some  one  of  the 
inspectors  of  election  in  each  ward,  at  a  time  not  later  than 
the  day  next  preceding  that  on  which  such  municipal  elec- 
tion is  to  be  held,  and  such  "check  lists"  shall  be  carefully 
preserved  and  transmitted  by  the  inspectors  of  election  to 
the  clerk  of  the  city  council,  in  connection  with  and  as  a 
part  of  the  "Election  Returns,"  as  provided  by  law. 

Supplemental  Registration. 

Sec.  2.  Before  delivering  the  copy  of  the  registration  list 
as  prepared  by  him  in  accordance  with  section  1  hereof  the 
registry  agent  shall  enter  thereon  and  on  the  said  "check 
list"  all  the  names  of  electors  registering  at  the  supplemental 
registration  for  such  election,  together  Avith  the  names  of  all 
electors  who  shall  have  moved  from  one  ward  to  another  in 
said  city,  and  by  him  legally  transferred. 

Identification  of  Voters. 

Sec.  3.  In  addition  to  the  books  hereinbefore  contained 
to  be  delivered  by  the  registry  agent,  he  shall  deliver  at  the 
same  time  and  in  the  same  manner  the  original  official  regis- 
ter or  registers  containing  the  names  and  original  signatures 
of  all  electors  registered  for  the  last  preceding  general  elec- 
tion, and  entitled  to  vote  at  such  polling  place,  together  with 
all  the  original  registration  cards  containing  the  signatures 
of  electors  registered  at  the  supplemental  registration  held 
for  such  election.  Said  original  list  and  original  registration 
cards  shall  be  kept  by  one  of  the  inspectors  of  election  of 
each  ward  to  be  used  for  the  purpose  of  identifying  the  elect- 
ors, and  shall  be  returned  to  the  registry  agent  upon  the 
completion  of  the  canvass  of  the  vote  by  the  election  board. 

City  Council  to  Provide  Supplies. 

Sec.  4.  The  city  council  of  such  incorporated  city  as 
herein  contained  shall  provide  all  necessary  books  and  sup- 
plies for  the  carrying  out  of  the  purposes  of  this  act,  and  in 
addition  to  the  provisions  of  this  act  the  said  election  shall 
in  all  other  respects  be  conducted  and  held  in  accordance  with 
the  provisions  of  the  general  election  laws  of  the  State  of 
Nevada,  and  the  charter  and  ordinances  of  said  incorporated 
city. 

Compensation  of  Registry  Agent  —  Registry  List  Printed, 
When. 
Sec.  5.  The  said  registry  agent  as  in  this  act  contained 
shall  be  entitled  to  receive,  as  full  compensation  for  all  serv- 
ices rendered  by  him  under  the  provisions  hereof,  the  sum  of 
fifteen  (15)  cents  per  name  of  each  elector  by  him  copied, 
regardless  of  the  number  of  times  each  name  shall  be  copied, 
which  shall  be  a  valid  claim  against  the  said  city;    and  his 


102  MISCELLANEOUS 

account  shall  be  made  out  so  as  to  clearly  show  the  number  of 
names  by  him  copied,  and  sworn  to  and  filed  with  the  city 
council  of  the  city ;  and  said  claim  together  with  all  other 
just  and  reasonable  demands  of  other  persons  for  books, 
advertising  and  supplies,  necessarily  incurred  in  carrying 
out  the  requirements  of  this  act  shall  be  audited  and  paid  out 
of  the  general  fund  of  said  city;  provided,  that  if  the  city 
council  shall  deem  it  necessary  and  expedient,  it  shall  cause 
to  be  printed  a  list  of  the  registered  voters. 

Nomination  of  Candidates  at  Municipal  Elections. 

Sec.  6.  Candidates  for  any  office  to  be  voted  for  at  such 
municipal  election  may  be  nominated  in  the  following  man- 
ner :  An  affidavit  of  nomination  containing  the  name  of  the 
candidate  to  be  nominated,  his  residence  and  the  office  for 
which  he  is  nominated,  signed  by  electors  residing  within  the 
ward  or  other  political  subdivision  for  which  candidates  are 
to  be  presented  equal  in  number  to  at  least  ten  per  cent  of 
the  entire  vote  cast  at  the  last  preceding  municipal  election 
in  the  ward  or  other  political  division  for  which  the  nomina- 
tion is  to  be  made,  shall  be  filed  with  the  city  clerk  of  such 
incorporated  city  not  more  than  fifty  days  nor  less  than 
thirty  days  before  the  day  of  election.  Said  signatures  need 
not  all  be  appended  to  one  paper,  but  each  signer  shall  add 
to  his  signature  his  place  of  residence.  No  certificate  of 
nomination  shall  contain  the  name  of  more  than  one  candi- 
date for  each  office  to  be  filled.  One  of  the  signers  of  each 
such  certificate  shall  swear  that  the  statements  therein  made 
are  true,  to  the  best  of  his  knowledge  and  belief,  and  a  cer- 
tificate of  such  oath  shall  be  annexed.  There  shall  be  charged 
each  candidate  for  filing  a  fee  of  five  dollars,  which  shall  be 
paid  to  the  city  clerk  at  the  time  of  filing  and  go  to  the  gen- 
eral fund  of  the  city. 

Duties  of  City  Clerk. 

Sec.  7.  After  receiving  the  certificates  of  nomination  as 
contained  in  section  6  hereof,  the  city  clerk  shall  perform 
each  and  every  act  necessary  as  now  or  may  hereafter  be  pro- 
vided by  law  to  place  the  names  of  the  candidates  on  the 
ballot;  and  the  general  election  laws  of  the  State  of  Nevada 
wherever  and  whenever  possible  shall  be  adopted  and  be  con- 
sidered applicable  for  the  uses  and  purposes  of  said  munici- 
pal elections  where  this  act  fails  to  provide  for  the  same. 

In  Effect. 

Sec.  8.  This  act  shall  take  effect  immediately  upon  its 
approval  and  all  acts  or  parts  of  acts  in  conflict  or  in  any 
way  inconsistent  herewith  are  hereby  repealed. 


MISCELLANEOUS  103 

ELECTOR  GIVEN  OPPORTUNITY  TO  VOTE 

Chap.  15 — An  Act  to  provide  employed  electors  oppor- 
tunities to  vote. 

[Approved  February  24,  1913] 

Certain  Electors  Given  Holiday  on  Election  Day. 

Section  1.  No  person  entitled  to  vote  at  any  election 
held  in  this  state  shall,  upon  the  day  of  such  election,  be 
employed  in  any  manufacturing,  mechanical  or  mercantile 
establishment,  except  such  establishments  as  may  lawfully 
conduct  their  business  on  a  legal  holiday. 

Electors  Must  Be  Given  Three  Hours  in  Which  to  Vote. 

Sec.  2.  Every  person  entitled  to  vote  at  any  such  election 
held  in  this  state  who  is  employed  in  such  an  establishment 
as  may  lawfully  conduct  its  business  on  a  legal  holiday  and 
on  election  day,  must  be  given  on  election  day  a  leave  of 
absence  for  a  period  of  three  consecutive  hours  after  the 
opening  and  before  the  closing  of  the  polls  in  the  voting  pre- 
cinct or  town  in  which  he  is  entitled  to  vote,  if  he  shall  make 
application  for  leave  of  absence  during  such  period. 

Employers  Held  Liable  for  Violation  of  This  Act. 

Sec.  3.  Any  owner,  superintendent  or  overseer,  or  other 
person,  [shall]  in  any  manufacturing,  mechanical  or  mercan- 
tile establishment,  who  employs  or  permits  to  be  employed 
any  person  therein  on  the  day  of  any  election  held  in  this  state 
in  violation  of  the  provisions  of  section  1  of  this  act,  or  who 
violates  the  provisions  of  section  2  of  this  act,  shall  be  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  pun- 
ished by  a  fine  of  not  less  than  fifty  dollars  nor  more  than  one 
hundred  dollars,  or  by  imprisonment  in  the  county  jail  for 
not  less  than  twenty-five  days  nor  more  than  fifty  days,  or 
both  such  fine  and  iinprisonment. 

In  Effect. 

Sec.  4.  This  act  shall  take  effect  and  be  in  force  from  and 
after  its  passage  and  approval. 


SCHOOL  TAX  ELECTION 

Section  141  of  the  School  Law  of  1911  refers  to  elections  to  decide 
whether  special  school  tax  shall  be  levied.  The  portion  relating  to 
the  election  is  here  given.     See  Stats.  1911,  p.  222. 

Popidar  Election  to  Decide  Whether  Tax  Shall  Be  Levied, 
When. 
Sec.  141.  The  board  of  trustees  of  an3'  school  district  may, 
when  in  their  judgment  it  is  advisable,  call  an  election  and 
submit  to  the  qualified  electors  of  the  district  the  question 
whether  a  tax  shall  be  raised  to  furnish  additional  school 
facilities  for  said  district  or  to  keep  any  school  or  schools  in 


104  MISCELLANEOUS 

such  district  open  for  a  longer  period  than  the  ordinary 
funds  will  allow  or  for  building  an  additional  schoolhouse 
or  houses,  or  for  any  two  or  for  all  of  these  purposes.  Such 
election  shall  be  called  by  posting  notices  in  three  of  the  most 
public  places  in  the  district  for  twenty  days,  and  also  if  there 
be  a  newspaper  in  the  county  by  advertisement  therein  once 
a  week  for  three  weeks.  Said  notice  shall  contain  time  and 
place  of  holding  the  election,  the  amount  of  money  proposed 
to  be  raised,  and  the  purpose  or  purposes  for  which  it  is 
intended  to  be  used.  The  trustees  shall  appoint  three  judges 
to  conduct  the  election,  and  it  shall  be  held  in  all  other 
respects  as  nearly  as  practicable  in  conformity  with  the  gen- 
eral election  law.  At  such  election  the  ballots  shall  contain 
the  words:  "Tax— Yes,"  or  "Tax— No."  If  a  majority  of  the 
votes  cast  are  "Tax — Yes,"  the  officers  of  the  election  shall 
certify  the  fact  to  the  county  commissioners,  together  with 
a  statement  of  the  amount  of  money  proposed  to  be  raised, 
who  shall  ascertain  the  necessary  percentage  on  the  property 
of  said  district,  as  shown  by  the  last  assessment  made  thereof 
after  equalization,  to  raise  the  amount  of  money  voted,  and 
shall  add  it  to  the  next  county  tax  to  be  collected  on  the 
property  aforesaid;  and  the  same  shall  be  paid  into  the 
county  treasury  as  a  special  deposit  in  favor  of  said  school 
district,  to  be  drawn  in  the  same  manner  as  other  school 
moneys.     *     *     *  

HIGH-SCHOOL  ELECTIONS 
Sections  173,  174,  175,  and  178  of  the  School  Law  relate  to  elec- 
tions for  establishing  county  high  schools  and  electing  a  Comity 
Board  of  Education.     They  are  here  given  in  full.     See  Stats.  1911, 
pp.  233,  234,  235,  236. 

County  High  Schools,  When  Established  by  Popular  Vote. 

Sec.  173.  There  may  be  established  in  any  county  in  this 
state  a  high  school;  provided,  that  at  any  general  or  special 
election  held  in  said  county  after  the  passage  of  this  act,  a 
majority  of  all  the  votes  cast  at  such  election,  upon  the  propo- 
sition to  establish  a  high  school  shall  be  in  favor  of  establish- 
ing and  maintaining  such  high  school  at  the  expense  of  said 
county. 

County  Commissioners  to  Submit  Question  to  Popular  Vote. 
Sec.  174.  The  board  of  county  commissioners  at  any  gen- 
eral election  to  be  held  in  any  county  after  the  passage  of 
this  act,  upon  the  presentation  of  a  petition  signed  by  fifty 
or  more  qualified  electors,  taxpayers  of  said  county,  at  any 
regular  meeting  of  said  board  held  not  less  than  eight  weeks 
before  any  general  or  special  election,  must  make  an  order 
submitting  the  question  of  establishing,  constructing  and 
maintaining  a  county  high  school  to  the  qualified  electors 
thereof.  The  board  of  county  commissioners,  upon  the  pres- 
entation of  said  petition,  may  order  a  special  election  for  said 
purpose.     Said  election  shall  be  conducted  in  the  manner 


MISCELLANEOUS  105 

prescribed  by  law  for  conducting  elections,  and  the  ballots 
at  such  election  shall  have  printed  thereon  the  words  "For 
a  County  High  School"  and  the  words  "Against  a  County 
High  School."  The  votes  cast  for  and  against  said  county 
high  school  at  any  election  therefor,  shall  be  counted  and 
returns  thereof  made  and  canvassed  in  the  manner  provided 
for  by  law  for  counting,  making  returns,  and  canvassing  the 
votes  of  a  general  election ;  provided,  that  the  election  officers 
appointed  to  conduct  any  special  election  held  in  accordance 
with  this  act,  as  required  by  law,  shall  perform  all  services 
required  of  them  by  law  in  holding  and  conducting  such  elec- 
tions, without  any  fees  or  pay  therefor. 

Location  of  School,  How  Determined — Form  of  Ballot. 

Sec.  175.  If  a  majority  of  the  votes  cast  on  a  proposition 
to  establish  a  county  high  school  shall  be  in  the  affirmative, 
it  shall  be  the  duty  of  the  board  of  county  commissioners, 
within  thirty  days  after  canvassing  said  vote,  to  locate  the 
high  school  in  the  place  in  said  county  where  the  said  board 
shall  deem  most  suitable  and  convenient  for  the  purpose.  If, 
after  the  county  commissioners  have  located  said  high  school, 
there  shall  be  presented  a  certified  petition  bearing  the  signa- 
tures of  at  least  one-fourth  of  the  qualified  voters  of  such 
county  according  to  the  last  general  election  returns,  said 
petition  requesting  a  vote  on  the  question  of  the  location  of 
the  county  high  school  and  specifying  a  desired  location,  said 
board  of  county  commissioners  shall  submit  the  question  of 
such  location  to  the  voters  of  the  county  at  the  next  general 
election,  or  a  special  election  called  for  the  purpose  of  voting 
upon  the  question  of  locating  or  changing  the  county  high 
school;  provided,  that  in  all  cases  where  special  elections 
have  been  called  by  the  board  of  county  commissioners  of 
any  county  of  this  state  previous  to  the  passage  of  this  act 
to  submit  the  question  of  location  of  any  county  high  school 
to  the  voters  in  any  such  county  wherein  two  thousand  or 
more  votes  were  cast  at  the  last  general  election,  and  wherein 
the  assessed  valuation  of  real  and  personal  property  is  six 
million  dollars  or  more,  the  board  of  county  commissioners 
may,  if  said  board  deems  it  to  the  best  interest  of  the  people 
of  such  county,  establish  two  county  high  schools ;  one  at  the 
place  selected  by  the  board  of  county  commissioners  and  one 
at  the  place  named  in  the  petition  presented  to  the  said 
board  of  county  commissioners  praying  for  said  special 
election  in  said  county,  and  thereupon  the  said  board  may 
revoke  the  order  calling  said  special  election,  and  in  such 
cases  no  special  election  shall  be  held.  At  any  general  or 
special  election  at  which  the  location  of  any  county  high 
school  is  submitted  to  the  voters  of  the  county,  the  form  of 
ballot  shall  be : 

Shall  the  County  High  School  be  located  at ?     Yes 

Shall  the  County  High  School  be  located  at ?      No 


106  MISCELLANEOUS 

In  any  other  respects  the  provisions  of  the  general  election 
law  shall  be  followed.  If  at  any  such  election  a  majority  of  all 
voters  who  shall  vote  on  the  question  of  such  location  shall 
vote  in  favor  of  locating  the  county  high  school  at  the  place 
designated  in  the  petition,  it  shall  be  the  duty  of  the  county 
board  of  education  to  cause  the  high  school  to  be  located  at 
such  place,  not  later  than  the  first  day  of  the  next  following 
September.  While  the  vote  on  the  question  of  changing  the 
location  of  any  county  high  school  is  pending,  no  contract  for 
the  purchase  of  grounds  or  for  the  erection  of  a  building 
shall  be  made.  When  the  location  of  the  county  high  school 
has  been  finally  determined,  the  board  of  county  commission- 
ers shall  estimate  the  cost  of  purchasing  suitable  grounds, 
procuring  plans  and  specifications,  erecting  a  building,  fur- 
nishing the  same,  fencing  and  ornamenting  the  grounds,  and 
the  cost  of  running  said  school  for  the  following  twelve 
months;  provided,  that  the  estimate  mentioned  herein  for 
purchasing  suitable  grounds,  procuring  plans  and  specifica- 
tions, erecting  a  building,  furnishing  the  same,  and  fencing 
and  ornamenting  the  grounds  shall  not  be  made,  if  previous 
to  the  time  when  the  commissioners  are  to  make  such  esti- 
mates the  legislature  shall  have  authorized  said  county  to 
issue  bonds  for  such  purpose. 

County  Board  of  Education  Elected. 

Sec.  178.  At  each  general  election  there  shall  be  elected  a 
county  board  of  education,  to  consist  of  three  members,  two 
of  whom  shall  serve  two  years,  and  the  other  four  years,  and 
thereafter  at  each  regular  biennial  election  there  shall  be 
elected  two  members  of  said  board,  one  of  whom  shall  serve 
for  two  years  and  the  other  for  four  years.  Each  person 
elected  as  herein  provided  shall  enter  upon  the  duties  of  his 
office  on  the  first  Monday  in  January  next  following  his  elec- 
tion, and  shall  hold  office  until  his  successor  is  elected  and 
qualified.  If  at  any  time  a  vacancy  shall  occur  on  said 
board,  it  shall  be  the  duty  of  the  superintendent  of  public 
instruction  to  appoint  a  member  for  the  unexpired  term. 


SCHOOL  DISTRICT  BONDS  ELECTION 

Sections  191  to  194,  inclusive,  of  tlie  School  Law  of  1911  relate  to 
elections  for  the  issuance  of  bonds  by  a  school  district  for  various 
purposes.  See  Stats.  1911,  pp.  238,  239,  240.  The  sections  indicated 
are  here  given : 

School  District  Bonds  May  Be  Issued. 

Sec.  191.  Any  school  district  of  the  state,  now  existing 
or  which  may  hereafter  be  created,  is  hereby  authorized  to 
borrow  money  for  the  purpose  of  erecting  and  furnishing  a 
school  building  or  buildings,  maintaining  the  same,  purchas- 
ing grounds  on  which  to  erect  such  building    or  buildings, 


I 


MISCELLANEOUS  107 

or  for  refunding  floating  indebtedness,  or  for  any  or  all  of 
these  purposes,  by  issuing  negotiable  coupon  bonds  of  the 
district  in  the  manner  by  this  act  provided. 

Questions  of  Issuing  Bonds  Submitted  to  Popular  Vote. 

Sec.  192.  When  the  board  of  trustees  of  any  school  dis- 
trict shall  deem  it  necessary  to  incur  an  indebtedness 
authorized  by  this  act  by  issuing  the  negotiable  coupon  bonds 
of  the  district,  said  board  of  trustees  shall  first  determine  the 
amount  of  such  bonds  to  be  issued,  and  a  certificate  of  such 
determination  shall  be  made  and  entered  in  and  upon  the 
records  of  said  district.  Thereupon  the  board  of  school  trus- 
tees shall,  by  resolution  duly  made  and  entered  in  and  upon 
the  records  of  said  board,  submit  the  question  of  coatracting 
a  bonded  indebtedness  for  any  of  the  purposes  authorized  by 
this  act  to  a  vote  of  the  duly  qualified  electors  of  the  district 
at  the  next  general  election  of  the  school  trustees,  or  at  a 
special  election  which  the  school  trustees  are  hereby  author- 
ized to  call  for  such  purpose. 

Election,  How  Conducted — Election  Notice. 

Sec.  193.  The  election  provided  in  this  act  shall  be  called 
and  held,  and  the  vote  canvassed  and  returned,  in  all  respects 
as  nearly  as  may  be  in  accordance  with  the  provisions  of  law 
TOW  governing  the  election  of  school  trustees;  provided,  that 
if  there  is  a  newspaper  published  in  the  school  district,  the 
notice  shall  be  published  for  at  least  once  a  week  for  two  suc- 
cessive weeks,  preceding  said  election.  The  election  notice 
must  contain : 

First — The  time  and  place  of  holding  such  election. 

Second — The  names  of  inspectors  to  conduct  the  same. 

Third — The  hours  during  the  day  in  which  the  polls  will 
be  open. 

Fourth — The  amount  and  denomination  of  the  bonds,  the 
rate  of  interest  and  the  number  of  years,  not  exceeding 
twenty,  the  bonds  are  to  run.  All  persons  voting  on  the 
question  submitted  at  such  election  shall  vote  by  separate 
ballot  whereon  is  placed  the  words  "For  the  Bonds"  or 
"Against  the  Bonds."  The  ballots  shall  be  deposited  in  a 
separate  box  provided  by  the  school  trustees  for  that  purpose. 

Bonds  to  Bun  No  Longer  than  Twenty  Years. 

Sec.  194.  If  upon  the  official  determination  of  the  result 
of  such  election  it  appears  that  a  majority  of  all  the  votes 
cast  are  "For  the  Bonds,"  the  board  of  trustees,  as  soon  as 
practicable,  shall  issue  the  negotiable  coupon  bonds  of  the 
district  in  such  form  and  denomination  as  the  board  of 
trustees  may  direct,  said  bonds  to  run  for  a  period  not  to 
exceed  (20)  years  from  the  date  of  issue,  and  bearing  inter- 
est at  a  rate  not  exceeding  eight  (8%)  per  cent  per  annum, 
payable  semiannually,  both  principal  and  interest  payable 
at  such  place  as  the  board  of  trustees  may  direct,  said  bonds 


108  MISCELLANEOUS 

not  to  be  sold  for  less  than  their  par  value.  And  before 
said  sale  is  made  notice  of  such  proposed  sale  must  be  given 
b}^  publication,  in  a  newspaper,  if  there  is  a  newspaper  pub- 
lished in  the  district,  for  at  least  once  a  week  before  said 
bonds  are  disposed  of,  inviting  sealed  bids  to  be  made  for  said 
bonds,  and  said  bonds  are  to  be  sold  to  the  highest  and  best 
bidder  for  said  bonds;  provided,  if  there  is  no  newspaper 
published  in  said  school  district,  the  notice  herein  provided 
for  shall  be  given  by  posting  in  three  public  places  in  said 
school  district  for  at  least  ten  days  before  said  bonds  are  dis- 
posed of. 

ELECTION  OF  DISTRICT  JUDGE 

Chap.  144 — An  Act  to  create  judicial  districts  in  the  State 
of  Nevada,  provide  for  the  election  of  district  judges 
therein,  and  to  fix  their  salary,  and  to  repeal  all  other  acts 
in  relation  thereto. 

[Approved  March  22,  1913] 

Ten  Judicial  Districts  in  State;  Each  Described. 

Section  1.  The  State  of  Nevada  is  hereby  divided  into 
ten  judicial  districts.  The  counties  of  Storey,  Douglas  and 
Ormsby  shall  constitute  the  First  judicial  district;  the 
county  of  Washoe  shall  constitute  the  Second  judicial  dis- 
trict ;  the  counties  of  Eureka  and  Lander  shall  constitute  the 
Third  judicial  district;  the  county  of  Elko  shall  constitute 
the  Fourth  judicial  district;  the  county  of  Nye  shall  con- 
stitute the  Fifth  judicial  district;  the  county  of  Humboldt 
shall  constitute  the  Sixth  judicial  district;  the  counties  of 
Esmeralda  and  Mineral  shall  constitute  the  Seventh  judicial 
district ;  the  counties  of  Lyon  and  Churchill  shall  constitute 
the  Eighth  judicial  district ;  the  county  of  White  Pine  shall 
constitute  the  Ninth  judicial  district;  and  the  counties  of 
Lincoln  and  Clark  shall  constitute  the  Tenth  judicial  district. 
For  each  of  said  districts  judges  shall  be  elected  by  the  quali- 
fied electors  thereof  at  the  general  election  in  the  year  1914, 
and  every  four  years  thereafter,  except  as  otherwise  provided 
in  this  act,  as  follows :  For  each  of  said  districts,  except  the 
Second  judicial  district,  there  shall  be  [elected  one  judge. 
For  the  Second  judicial  district  there  shall  be]  two  judges 
elected. 

Takes  Effect  January,  1915 — Proviso. 

Sec.  2.  Until  the  first  Monday  in  January,  1915,  the  judi- 
cial districts  of  this  state  shall  be  and  remain  as  heretofore 
provided  by  law,  unless  there  shall  occur  vacancies  in  the 
offices  now  held  by  the  present  incumbents,  by  deaths,  resig- 
nations or  otherwise ;  provided,  that  in  case  of  such  vacancy 
or  vacancies  the  provisions  of  this  act  shall  take  immediate 
effect,  and  such  vacancy  or  vacancies  shall  be  filled  as  pro- 
vided by  law. 


I 


MISCELLANEOUS  109 

Salaries  of  Judges. 

Sec.  3.  The  salary  of  each  judge  herein  elected,  or 
appointed  to  fill  vacancies  whenever  such  vacancies  shall 
occur,  shall  be  four  thousand  dollars  per  annum,  except  the 
judge  of  the  Fourth  judicial  district  whose  salary  shall  be 
four  thousand  five  hundred  dollars  per  annum,  and  the  judge 
of  the  Fifth  judicial  district  whose  salary  shall  be  six  thou- 
sand dollars  per  annum,  and  the  judge  of  the  Seventh  judi- 
cial district  whose  salary  shall  be  four  thousand  five  hundred 
dollars  per  annum,  and  the  judge  of  the  First  judicial  dis- 
trict, whose  salary  shall  be  three  thousand  dollars  per  annum ; 
all  of  said  salaries  to  be  paid  in  equal  monthly  installments 
out  of  the  district  judges'  salary  fund,  hereby  created  in  the 
state  treasury,  which  fund  shall  be  supplied  in  the  manner 
following,  to  wit : 

Each  county  in  each  district  in  the  state  shall  contribute 
annually  to  the  said  fund  its  proportionate  share  of  the 
money  necessary  to  pay  the  judge  or  judges  of  its  district 
their  respective  salaries  monthly  for  such  year,  based  upon 
the  assessment  roll  of  each  county  for  the  previous  year,  and 
it  is  hereby  made  the  duty  of  the  county  commissioners  of 
each  county  to  make  such  arrangements  and  orders  as  may 
be  necessary  to  insure  the  forwarding  of  their  county 's  quota 
of  said  district  judges'  salary  fund  to  the  state  treasurer  at 
such  times  and  in  such  installments  as  will  enable  the  state 
treasurer  to  pay  each  district  judge  one-twelfth  of  his  annual 
salary  on  the  first  Monday  of  each  and  every  month,  and 
to  cause  such  money  to  be  forwarded  by  the  county  treasurer, 
and  if  necessary  in  order  to  render  certain  the  forwarding 
of  such  money  in  ample  time  to  prevent  any  default  in  said 
monthly  installments,  said  board  of  county  commissioners 
shall  transfer  and  use  any  moneys  in  the  county  treasuries 
except  those  belonging  to  the  public  school  fund.  No  salary 
of  any  district  judge  shall  be  paid  in  advance. 

Two  Judges  for  Second  District. 

Sec.  4.  The  Second  judicial  district  shall  be  entitled  to 
and  shall  have  two  district  judges;  they  shall  have  concur- 
rent and  coextensive  jurisdiction  within  said  district,  under 
such  rules  and  regulations  as  may  be  prescribed  by  law,  and 
they  shall  have  power  to  make  such  rules  and  regulations  as 
will  enable  them  to  transact  judicial  business  of  said  district 
in  a  convenient  and  lawful  manner. 

Repeal. 

Sec.  5.  All  acts  and  parts  of  acts  in  conflict  with  the  pro- 
visions of  this  act  are  hereby  repealed. 


110  MISCELLANEOUS 

SEWER  BONDS  ELECTIONS 

An  Act  to  authorize  the  issuance  of  bonds  by  unincorporated 
cities  and  towns  for  the  construction  of  sewerage  systems. 

[Statutes  1909,  p.  179] 

Unincorporated  Cities  and  Towns  May  Issue  Bonds  for  Sew- 
erage Systems. 
Section  1.  For  the  purpose  of  constructing  sewerage  sys- 
tems within  their  respective  limits,  and  waste  mains  there- 
from, any  unincorporated  city  or  town  within  this  state, 
which  is  being  or  may  hereafter  be  governed  under  the  pro- 
visions of  an  Act  of  the  Legislature  of  this  State  entitled 
"An  act  providing  for  the  government  of  towns  and  cities 
within  this  state,"  approved  February  26,  1881,  and  acts 
amendatory  thereof,  are  hereby  authorized  to  issue  bonds  in 
the  amount  and  manner  hereinafter  set  forth  and  prescribed. 

Amount  Limited — Denomination. 

Sec.  2.  Said  bonds  shall  not  in  any  such  city  or  town  at 
any  time  exceed  the  sum  and  amount  of  sixty  thousand  dol- 
lars ($60,000)  ;  they  shall  be  of  convenient  denominations, 
ranging  from  one  hundred  dollars  ($100)  to  one  thousand 
dollars  ($1,000),  and  shall  bear  interest  at  the  rate  of  not 
more  than  six  (6)  per  cent  per  annum,  the  interest  on  each 
bond  to  be  payable  annually,  beginning  on  the  third  Monday 
in  January  of  the  second  year  after  such  bond  shall  have 
been  issued,  and  upon  the  same  date  in  each  succeeding  year 
during  the  life  of  such  bond.  The  bonds  shall  be  numbered 
consecutively  and  have  interest  coupons  attached  in  such 
manner  that  they  can  be  removed  upon  payment  of  the 
installments  of  interest  without  injury  to  the  bonds.  The 
bonds  shall  be  signed  by  the  chairman  of  the  board  of  county 
commissioners,  acting  as  a  city  or  town  board,  and  counter- 
signed by  the  clerk  of  said  board.  The  bonds  shall  be  dis- 
tinctly known  as  " Sewerage  Bonds,"  the  name  of 

the  city  or  town  issuing  them  being  inserted  before  the  word 
"Sewerage." 

Special  Election  to  Determine. 

Sec.  3.  Before  issuing  the  said  bonds  the  board  of  county 
commissioners,  acting  as  such  city  or  town  board,  shall  pub- 
lish a  notice  for  at  least  three  consecutive  weeks  in  some  daily 
newspaper  published  in  said  city  or  town,  calling  for  a  spe- 
cial election  by  the  legally  qualified  electors  of  said  city  or 
town  to  determine  whether  such  bonds  shall  issue.  If  there 
be  no  daily  newspaper  published  in  such  city  or  town,  the 
said  notice  shall  be  posted  in  at  least  three  conspicuous  places 
within  the  limits  of  such  city  or  town,  for  the  same  length  of 
time,  and  if  there  be  a  weekly  newspaper  published  in  said 
city  or  town,  the  said  notice  shall  also  be  published  in  each 
issue  of  said  weekly  newspaper  during  the  period  of  posting. 
The  notice  shall  state  specifically  the  amount  of  the  proposed 


MISCELLANEOUS  111 

bond  issue,  the  rate  of  interest  the  bonds  are  to  bear,  the  time 
and  manner  of  their  payment,  and  that  they  are  for  the  con- 
struction of  a  sewerage  system. 

Ballots — Bonds  Issued,  When. 

Sec.  4.  The  board  shall  cause  a  sufficient  number  of  ballots 
to  be  printed  which  shall  bear  the  words  "  Sewerage  Bonds — 
Yes,"  and  "Sewerage  Bonds — No,"  printed  thereon  in  paral- 
lel lines,  one  above  the  other.  The  voter  will  scratch  out 
the  "Yes"  if  opposed  to  the  bonds,  or  the  "No"  if  in  favor  of 
their  issue.  The  election  shall  be  conducted  and  the  votes 
canvassed,  in  all  essential  particulars  as  in  other  city  and 
town  elections.  If  a  majority  of  all  the  votes  cast  are  in 
favor  of  the  issue  of  the  bonds,  the  board  of  county  commis- 
sioners, acting  as  such  city  or  town  board,  shall  proceed  at 
once  to  issue  them  as  rapidly  as  needed,  in  conformity  with 
the  provisions  of  this  Act.  Said  bonds  shall  be  sold  at  not 
less  than  their  par  value,  and  shall  be  redeemable,  in  the 
order  of  their  issue,  not  less  than  three  years  or  more  than 
fifteen  (15)  years  from  the  date  of  their  issue  respectively. 

Providing  for  Redemption  and  Interest. 

Sec.  5.  To  provide  for  the  payment  of  the  said  bonds  and 
the  interest  thereon  the  board  of  county  commissioners  shall, 
at  the  time  of  the  regular  tax  levy  for  state  and  county  pur- 
poses, levy  an  additional  tax  upon  all  property,  real  and 
personal,  within  the  limits  of  such  city  or  town,  sufficient,  in 
their  judgment,  to  pay  the  interest  upon  such  bonds  annually 
as  it  becomes  due,  and  the  principal  at  such  a  rate  as  will 
redeem  all  the  bonds  within  fifteen  (15)  years  from  the  date 
of  issue.  In  each  case  the  fifteen  (15)  years  shall  begin 
to  run  from  the  date  of  the  particular  bond  to  be  paid.  The 
said  taxes  shall  be  assessed  and  collected  the  same  as  other 
taxes,  paid  to  the  county  treasurer,  and  by  him  placed  in  a 

fund  to  be  known  as  the  " Sewerage  Fund"  with 

the  name  of  the  city  or  town  preceding  the  word  "Sewerage." 

Commissioners  to  Supervise  Work. 

Sec.  6.  All  sewerage  systems  constructed  under  the  pro- 
visions of  this  act  shall  be  so  constructed  under  the  super- 
vision and  control  of  the  board  of  county  commissioners, 
acting  as  such  city  or  town  board.  The  materials  may  be 
purchased  and  the  work  caused  to  be  done  directly  by  the 
board,  or  it  may  advertise  for  plans  and  specifications,  and 
bids  for  construction  as  in  cases  of  other  public  works. 

In  Case  of  Town  or  Cities  Afterward  Incorporating. 

Sec.  7.  In  all  cases  wherein  such  sewerage  systems  are  con- 
structed in  unincorporated  cities  and  towns,  and  such  cities 
and  towns  are  afterwards  incorporated,  the  control  and  man- 
agement of  such  systems  shall  at  once  be  vested  in  the  muni- 
cipal governments  of  such  cities  and  towns.  If  such  cities 
or  towns  shall  be  incorporated  while  the  work  of  construction 


112  MISCELLANEOUS 

is  in  progress,  the  work  shall,  nevertheless,  be  carried  on  to 
completion  by  the  board  of  county  commissioners,  and  when 
completed  the  system  shall  be  turned  over  to  the  city  or  town 
government  as  it  shall  have  been  organized.  It  shall  then  be 
the  duty  of  such  city  or  town  government  to  provide  for  the 
payment  of  the  principal  and  interest  upon  said  bonds,  by 
the  levy  and  collection  of  taxes  as  prescribed  by  law.  It 
shall  be  the  duty  of  the  county  treasurer  having  custody  of 
the  sewerage  funds  to  turn  such  funds  over  to  the  city  treas- 
urer immediately  upon  the  qualification  of  the  city  treasurer, 
and  the  bonds,  principal  and  interest  shall  then  be  paid  by 
the  city  government  in  all  respects  as  prescribed  for  their 
payment  by  the  boards  of  county  commissioners,  acting  as 
city  or  town  boards. 


LEGISLATIVE  APPORTIONMENT 
Chap.  103 — An  Act  reapportioning  senators  and  assembly- 
men of  the  several  counties  to  the  legislature  of  the  State 
of  Nevada. 

[Approved  March  17,  1911,  p.  117] 

Section  1.  The  apportionment  of  senators  and  assembly- 
men in  the  several  counties  of  this  state  shall  be  as  follows : 

Churchill  County,  one  senator  and  two  assemblymen ; 

Clark  County,  one  senator  and  two  assemblymen ; 

Douglas  County,  one  senator  and  two  assemblymen ; 

Elko  County,  two  senators  and  five  assemblymen ; 

Esmeralda  County,  two  senators  and  five  assemblymen ; 

Eureka  County,  one  senator  and  two  assemblymen ; 

Humboldt  County,  two  senators  and  five  assemblymen ; 

Lander  County,  one  senator  and  two  assemblymen ; 

Lincoln  County,  one  senator  and  two  assemblymen ; 

Lyon  County,  one  senator  and  two  assemblymen ; 

Mineral  County,  one  senator  and  two  assemblymen ; 

Nye  County,  two  senators  and  five  assemblymen ; 

Ormsby  County,  one  senator  and  two  assembh^men ; 

Storey  County,  one  senator  and  two  assemblymen ; 

Washoe  County,  two  senators  and  nine  assemblymen ; 

White  Pine  County,  two  senators  and  four  assemblymen. 

Sec.  2.  Nothing  in  this  act  shall  be  so  construed  as  to 
affect  the  term  of  office  of  senators  and  assemblymen  now  in 
office. 

Sec.  3.  All  acts  and  parts  of  acts  in  conflict  with  this  act 
are  hereby  repealed. 


MISCELLANEOUS  113 

ROAD  SUPERVISOR  ELECTION 

An  Act  providing  for  the  election  of  road  supervisors,  for  the 
subdivision  of  counties  into  road  districts,  and  matters 
properly  relating  thereto. 

[Approved  March  19,  1901] 

Relating  to  Road  Districts. 

Section  1.  The  county  commissioners  of  each  county  poll- 
ing at  the  last  general  election  eighteen  hundred  votes  or  over 
shall,  for  the  purpose  of  supervision  of  roads,  divide  the 
county  into  road  districts,  each  appropriately  designated. 

Road  Supervisor  To  Be  Elected. 

Sec.  2.  At  everj^  election  of  county  officers  there  shall  also 
be  elected  one  road  supervisor  in  each  road  district,  whose 
duty  it  shall  be  to  supervise  all  work  upon  the  roads  in  his 
district,  and  to  attest  to  the  propriety  of  all  bills  for  such 
work,  and  to  direct  the  expenditure  of  all  sums  set  apart  for 
his  district  by  the  county  commissioners. 

Compensation,  How  Fixed. 

Sec.  3.  The  compensation  of  road  supervisors  shall  be 
fixed  by  the  county  commissioners. 

Duty  of  County  Commissioners. 

Sec.  4.  On  or  before  the  15th  day  of  April,  1901,  the 
county  commissioners  shall  appoint  one  road  supervisor  for 
each  road  district  to  serve  and  hold  office  until  their  succes- 
sors have  been  elected  and  installed. 


PROPOSED  CONSTITUTIONAL  AMENDMENT 


Granting  Elective  Franchise  to  Women 


No.  1 — Assembly  Joint  and  Concurrent  Resolution,  relative  to 
amending  section  one  of  article  two  of  the  constitution  of  the 
State  of  Nevada,  'pertaining  to  the  right  of  elective  franchise. 

[Approved  January  31,  1913] 

Be  it  resolved  by  the  Assembly,  Hie  Senate  concurring,  That  sec- 
tion one  of  article  two  of  the  constitution  of  the  State  of  Nevada 
be  annended  to  read  as  follows: 

Section  1.  All  citizens  of  the  United  States  (not  laboring 
under  the  disabilities  named  in  this  constitution)  of  the  age  of 
twenty-one  years  and  upwards,  who  shall  have  actually,  and 
not  constructively,  resided  in  the  state  six  months,  and  in  the 
district  or  county  thirty  days  next  preceding  any  election,  shall 
be  entitled  to  vote  for  all  officers  that  now  or  hereafter  may  be 
elected  by  the  people,  and  upon  all  questions  submitted  to  the 
electors  at  such  election  ;  provided,  that  no  person  who  has  been 
or  may  be  convicted  of  treason  or  felony  in  any  state  or  terri- 
tory of  the  United  States,  unless  restored  to  civil  rights,  and 
no  idiot  or  insane  person,  shall  be  entitled  to  the  privilege  of 
an  elector.  There  shall  be  no  denial  of  the  elective  franchise 
at  any  election  on  account  of  sex. 


INDEX  TO  ELECTION  LAWS 

-A.  PAGE 

Accounts  to  be  open  to  inspection  of  opposing  political  party . 84 

Act,  not  retroactive 96 

Acts  repealed 78 

Adjutant-General,  duties  of 68 

Agent,  Political— Appointment  signed  by  candidate 1 80 

Authority  to  act  after  appointment  made  and  filed 80 

Candidates  may  employ  one  in  each  county 80 

Expenditures  and  liabilities 80 

May  employ  workers 80 

Name  and  address 80 

Name  of  U.  S.  and  state  candidates  filed  with  Secretary  of  State 80 

Only  principal's  money 80 

Amendments,  Constitutional 97,  98,115 

Appointive  officers,  cannot  be  delegate  to  political  convention  or  member  of  committee 87 

Appointment  of  Registry  Agent 4 

Appointment,  promises  of 58 

Assemblymen,  apportionment  of 112 

Assistance  given  voter 65 

Attorney -General 85.86,  94 

Australian  Ballot  Law 59-67 

B 

Ballot  boxes 37.39,41,44,56.64 

Ballot  box,  fraud  on 56 

Ballot  box,  how  purged 41 

Ballots — Applying  for  in  name  of  another,  felony 89 

Counterfeiting 6g 

Destruction  of 63 

How  bound 63 

How  prepared 64 

How  printed - 61,62.67 

How  provided 59 

Interdictions 67 

Kind  of.  to  be  counted - 66 

Kind  rejected 42,66 

Legality  of -    40 

Marking  done  with  stamp 64 

Number  of.  per  registered  voter 63 

Other  offenses  enumerated-- '- 66,67 

Sample 65 

Spoiled,  how  treated 65 

Ten  minutes  to  prepare  , 65 

Unlawful  for  Inspector  to  put  mark  on -    43 

Water-mark 65 

Ballots,  delivered  to  Sheriff 37 

Ballots,  disposition  after  canvass- 41,  43,  44 

Ballots,  town  or  city  elections 75,  76 

Betting  on  election  prohibited -, 40,  89 

Board  of  Examiners,  duties  of 97 

Bonds,  school 106,107 

Books  and  other  supplies 5,  16.  37 

Booths - -- 64 

Bribery,  intimidation  or  menace 57 

Bribery  or  attempt  to  bribe.. 58 


118  INDEX  TO  ELECTION  LAWS 

^  PAGE 

Candidate — Expenses  limited  to  20%  of  one  year's  salary 81 

May  appoint  agent  in  each  county ' 80 

May  employ  workers 80 

Must  sign  agent's  appointment 80 

Name  not  to  be  put  on  official  ballot  unless  statement  regarding  primary  expenses  is  filed.-    92 

Not  deprived  of  nomination  or  office  for  trivial  offense 93 

Not  to  make  promise  of  appointment,  exception  to 86 

Prohibited  from  withdrawing,  on  payment 87 

To  be  warned  of  danger  of  omission  of  name  on  failure  to  file  statement  of  primary  expenses.    92 

Unlawful  to  be,  or  refrain  from  being,  for  consideration 93 

Canvass  of  votes 32,  40,  44 

Central  Committee,  County  33 

Central  Committee,  State 33 

Certificate  of  election 41 

Certificate  of  nomination,  how  issued 33 

Certificate  of  nomination,  filed 60 

Certificate  of  nomination,  U.  S.  Senator 76 

Certificates,  defective 45 

Certificates,  to  embrace  what 60 

Certificates,  when  and  where  filed 60 

Challenge,  betting,  grounds  for 89 

Challenge,  how  made  and  disposed  of 10,  40 

Challenger's  duty 90 

Challenge, "treating," grounds  for 88 

Check  lists  and  copy  of  register  to  be  furnished 12 

Check  lists,  names  on 15 

Cigars,  liquor,  and  candy  prohibited 91 

Citizens,  naturalized,  how  qualified 9 

City  Clerk 21,  24,  25,  29,  82,  84,  102 

City  elections 75 

City  officers 29 

City  officers,  municipal  election 101 

Clerk  of  District  Court,  duties  of 48 

Clerk  of  Election,  compensation 46 

Clerks  of  election,  duties  of 30,  38.  39,  41,  42,  43,  46,  56,  57,  63,  64,  65,  67 

Clerks  of  election,  how  selected 63 

Clerk  of  Supreme  Court,  duties  of 48 

Committee— Detailed  accounts  must  be  kept 83 

May  employ  workers 80 

Restricted  in  expenditures 81 

Compensation  of  Registry  Agent 14 

Constitutional  amendments 61,  97,  98, 115 

Constitutional  conventions 97 

Contest  for  members  of  the  Legislature 49 

Contesting  election  of  state  officers 51 

Contests 47.  48.  49,  50,  51,  52 

Contributions,  campaign,  prohibited 86 

Contributions  to  societies,  clubs,  etc.,  prohibited 1 87 

Contribution  to  party  funds  limited 81 

Conventions -   59,  97 

Conveyances,  must  not  be  provided  for  voter,  exception,  with  provision 90 

Conveyances,  unmarked,  no  workers  upon 90 

Corporations,  employee  culpable,  when 90 

Corporations,  fines  for 94 

Corporations  or  officers  thereof  prohibited  from  contributing  to  campaign  funds 88 

Corrupt  Practice  Act 80-96 

Corrupt  practices 89,90.91,94,95 

Counting  ballots 42 

County  and  township  officers 76 

County  Clerk,  Duties  of — 

Certificates  of  nomination  filed  with  . 

Complete  list  of  voters  filed  with 


I 


INDEX  TO  ELECTION  LAWS  119 

County  Clerk,  Duties  of — Continued  page 

Constitutional  amendments 61 

Deliver  all  papers  to  the  Secretary  of  State 50 

Deliver  ballots 63 

File  and  preserve  itemized  statement 83 

Furnish  copies  of  Corrupt  Practice  Act .--  84 

Furnish  Election  Laws 59 

Furnish  sample  ballots 65 

Inspectand  demand  statement 84 

Mail  newspaper  containing  proposed  amendment 98 

Name  of  agent  of  county  candidate  filed  with 80 

Notify  District  Attorney -. 83,85 

Number  of  ballots  per  registered  voter 63 

Preserve  statement  six  months 86 

Primary  Law . 21.22,24.25,29.32 

Print  and  furnish  ballots 61 

Printing  ballots,  cost 67 

Publish  law  under  referendum  petition 78 

Publish  total  of  each  statement  in  report 86 

Registry  list 15 

Statement  filed  with 82 

To  notify  Inspector  of  appointment 37 

To  warn  candidate  of  omission  of  filing  statement  of  primary  expenses 92 

Transmitting  returns 46 

County  Commissioners 5,  11,  15, 16,  22,  32,  36,  37.  39,  40,  42,  44,  45.  46,  63. 104, 110 

County  Committees 29 

Criminal  action 52 

Custody  of  ballot  box 44 

Custody  of  ballots - 44 

D 

Damages,  may  be  recovered 49 

Defective  certificate 45 

Defined,  corrupt  practices,  when  deemed  prevalent 89 

Deposition  in  contests 50 

Deputy  Sheriff 40 

Destruction  of  ballots 63 

Disposition  of  ballot  box,  ballots,  returns,  etc 41.  43 

District  Attorney,  duties  of 49,83,85,93,  94 

District  Court 47.48.85.93 

District  Judges,  districts  remodeled 108.  109 

E 

Election  Board,  official  register  delivered  to 18 

Election  Board,  questions  and  answers  transmitted  to ---  18 

Election  Law,  penalties  for  violating 55 

Elections — 


Bonds 


110 

City !]-!""" 75 

District  Judge 10^ 

General --    ^ 

High  School 104 

Notice  of ---    22 

Officers  of ^ 


20 


Primary 

School  bonds --  ^^ 

School  Trustees 

Sewerage  bonds --  


70 
110 

Town  elections "- 

When  held ^ 

Election,  supplies,  misdemeanor  to  interfere 66 

Electors,  certain,  given  holiday  on  election  day 1"^ 

Three  hours  to  vote ^^^ 


120  INDEX  TO  ELECTION  LAWS 

PAGE 

Electors,  given  choice  of  voting  precinct 12 

Electors,  unable  to  write 17 

Employee  of  corporation  culpable,  when 90 

Employers  held  liable 103 

Errors  and  omissions,  how  corrected 35 

Expenditures — Detailed  account  of  must  be  kept 83 

Limited  to  20'/^  of  one  year's  salary 81 

Expenses,  how  paid 43 

Expenses  of  voter,  transportation  and  other  prohibited 90 

Expenses,  restricted : 80 

Expenses,  statement  of,  form , 95 

F 

False  statement  prohibited,  to  be  served  on  candidate 92 

Fees  for  filing  nominations 24 

Fees  for  Registry  Agent 14 

Fees  in  contest 48 

Fees  of  county  officers 48 

Felony,  applying  for  ballot  in  name  of  another 89 

Fictitious  names  must  not  be  used 86 

Fines  for  corporations 94 

Force  or  threats  of  all  kinds  prohibited 88 

Forging  returns 56 

Fraudulent  voting 16.  56 

G 

General  elections 36 

General  penalties  and  punishments 95 

Governor,  duties  of 58 

H 

High-school  elections..  104 

Holiday  to  certain  electors  on  election  day 103 

Hours  of  opening  and  closing  polls 38 

I 

Identification  certificate 19 

Illegal  practice  and  penalty 91 

Impeachment 54 

Incorporated  cities 100 

Incriminate  self 91 

Independent,  each  section 96. 

Independent  nominations 59 

Infractions  of  the  law 66 

Inhibitions,  certain,  concerning  newspapers 91 

Inspectors  of  Election 30.  37,  38.  39.  40.  41.  42.  43,  44,  46,  47,  56,  57,  63.  64.  70.  72 

Instructions  to  voters 65 

Interdictions  of  the  law 67 

Irregularity  of  returns 47 

J 

Judges.  District 108.109 

Judges  of  Election 40.  56,  57,  i 

Judge's  salary 109 

Judgment  of  Court 48 

Judicial  districts,  remodeled 108,  109 

Justices  of  the  Peace,  duties  of 4,  5Q 

K 

Keys  (ballot  boxes) - 0, 


INDEX  TO  ELECTION  LAWS  121 

li  PAGE 

Legality  of  ballot 40 

Legal  residence 3 

Lei?al  voter 15 

Liquor  prohibited 1".  58 

List  of  voters 14 

Loss  of  ballots 63 

M 

Malfeasance 45 

Manner  of  voting 64 

Marking  ballot 43 

Messengers 45,46 

Military 68 

Miscellaneous 99 

City  Council  to  provide  supplies 101 

Compensation  of  Registry  Agent 101 

Duties  of  City  Clerk 102 

Electors  given  opportunity  to  vote - 103 

Identification  of  voters 101 

Municipal  registration 100 

Municipal  voters  segregated  on  registry 100 

Nomination  of  candidates  at  municipal  elections 102 

One  registration  sufficient 99 

Registry  list  printed,  when 101 

Supplemental  registrations  .-_ 101 

N 

Name  of  author  and  printer,  with  address,  on  all  printed  matter 91 

Name  on  check  list 15 

Names,  fictitious  must  not  be  used 86 

Names  of  candidates  published 25 

Names  published 10 

Naturalized  citizen 9 

Neglect  (public  officer) 67 

New  election 44 

New  school  district 70 

Newspaper 25,67,91.98 

Nomination  of  candidates,  municipal  election 102 

Nominations,  how  made... 59 

Nominations  published _..     61 

Notice  of  elections 6,  22 

Notice  of  nominations 25 

Notices  posted 22 

Number  of  ballots  per  registered  voter 63 

Number  of  voters  necessary  for  a  precinct 36 

0 

Oath,  false,  perjury 96 

Oath  of  Clerks 38 

Oath  of  elector 7 

Oath  of  elector  on  challenge 40 

Oath  of  Inspector 38 

Oath  of  Registry  Agent 14 

Oath  of  voter 7 

Oath  to  swear  in  vote,  when 18 

Oath,  who  may  administer 3S 

Offenses 66 

Offense,  trivial,  not  to  deprive  candidate  of  nomination  or  office 93 

Officers,  appointive,  cannot  be  delegate  or  member  of  committee . 87 

Officers  of  election,  duties 38.39.63 

Office,  usurper  of,  exception 94 


122  INDEX  TO  ELECTION  LAWS 

PAGE 

Official  register ^^-.5,  16 

Official  register,  delivered  to  election  board 18 

Opening  and  closing  polls 38 

P 

Party  funds  limited 81 

Penalties  and  punishments,  general 95 

Penalty  for  violation  of  election  law 45,  51 

Perjury 16 

Perjury,  false  oath 96 

Platform,  County 33 

Platform,  State 34 

Political  committee,  detailed  account 83 

Political  committee,  fictitious  names  must  not  be  used 86 

Political  libel  and  penalty 92 

Polls  opened  and  closed 38 

Precinct  established,  how  and  when 36 

Prevent  fraud ... 14 

Primary  ballots,  form  of •- 25 

Primary  elections 20,  27 

All  parties  on  separate  tickets 25 

Ballot  not  rejected  for  technical  error 31 

Ballot  void 31 

Canvass,  how  conducted 32 

Certificateof  nomination,  howissued 33 

City  Clerks,  duties  of 21,22,24,25.29.32 

Contested  nominations,  how  proceeded  with 35 

County  Chairman 29 

County  Clerks,  duties  of 21,  22,  24,  25,  29,  32 

County  Clerks  to  publish  nominations  and  notice 25 

County  Commissioners  to  canvass  primary  returns 32 

County  platforms 33 

Deposit  of  ballot 31 

Diagram  of  ballot 28 

Errors 29 

Errors  or  omissions,  how  corrected 35 

Expense  of  providing  ballots,  etc 24 

Fees  from  candidates  at  primary  elections 24 

Fees,  how  disposed  of 24 

Fees  of  candidates 24 

Fees  of  Registry  Agent 30 

Form  of  ballot --25.28 

General  law  to  govern  primaries 35 

Hours  for  opening  and  closing  polls 38 

Instructions  to  voters 25.  30 

Neglect  or  malfeasance  of  filing  officer  punished 35 

New  ballot,  when . 31 

Newspapers 25 

Nomination  paper,  form  of  oath,  etc 22 

Nomination  papers  filed  in  other  primaries 22 

Nomination  papers  filed,  September  election 22 

Nominations,  how  made 20 

Nominations,  when  filed 24 

Notices  of  election 25 

Officers 30 

Other  primary  elections 21 

Political  party  designated  by  votes 31 

Polls  open  continuously 31 

Proxies 34 

Publication 25 

Regular  election  laws  to  govern 30,  35 

Sample  ballots 29 

Secretary  of  State,  duties  of 21,25,32,33,35 


INDEX  TO  ELECTION  LAWS  123 

Primary  elections— Continued  PAGE 

Secretary  of  State  to  certify  nominations 25 

Secretary  of  State  to  issue  nomination  certificates  for  state  and  national  officers,  and  com- 
plete returns  for  United  States  Senator 33 

September  primary  elections 21 

Sizeof  ballot,  type,  etc 25 

Stamp 26 

State  Central  Committees 33,  34 

State  platforms,  how  formulated ._. 34 

Tie  votes,  how  decided  _ 35 

Vacancies,  how  filled 35 

Voting  at  primary,  mode  of 30 

Words  construed 20 

Printed  matter  must  carry  name  of  author  and  printer,  with  address 91 

Printing 67 

Printing  registry  lists 11 

Process 48 

Prohibited,  betting 89 

Prohibited,  campaign  contributions  on  demand ... 86 

Prohibited,  cigars,  liquors,  and  candy 92 

Prohibited,  contributions  from  corporations  or  officers  thereof 88 

Prohibited,  contributions  to  societies,  clubs,  etc. 87 

Prohibited,  conveyances  provided  by  candidates 90 

Prohibited,  false  statement ._ 92 

Prohibited,  force  or  threats  of  all  kinds 88 

Prohibited,  payment  for  withdrawing  as  candidate . 87 

Prohibited,  payment  of  transportation  or  other  expenses  of  voters 91 

Prohibited,"  treating" 88 

Prohibitions  under  penalty 40,  67 

Promises  of  appointment 58 

Promises  of  appointment  not  to  be  made,  exception 86 

Promoters  of  candidates  punished 57 

Proposed  constitutional  amendment— Woman  suffrage 115 

Proxies  not  boughtor  sold 87 

a 

Qualifications  for  voting 3,  5, 15, 17,  18,  71,  75 

R 

Reapportionment  of  Legislature 112 

Recount : 44,  51 

Referendum 77,80 

Register,  copies  of  official  --_ 5,  12 

Registration 4,  20 

Registration  at  primary  sufficient  for  regular  election 99 

Registration,  municipal 100,  102 

Registry  Agents — 

Compensation 14 

Death  of 15 

Duties  of  (municipal  election) 100, 102 

Duties  of  (town  and  city  elections) 75 

File  complete  list  of  voters 14 

Notices  of  election  delivered  to 22 

Oath  of 14 

Publish  names  of  voters 10 

Publish  notice 6 

Supplies  for 5,  16 

When  appointed 4 

Registry  list  printed II 

Rejected  ballots,  counted  on  separate  tally  sheet 42 

Rejected  ballots,  result  to  be  posted 42 

Repealed,  certain  Acts 78,79 

Residence  defined 3,  75 

Result  of  count — — 43 


124  INDEX   TO  ELECTION   LAWS 

PAGE 

Returns,  disposition  of 41 

Returns,  forging 56 

Returns,  irregularity  of 47 

Rewards  offered 58 

Road  districts 113 

Road  Supervisor 113 

s 

Sale  or  gift  of  liquor  prohibited  on  election  day 58 

Sample  ballots 65 

School,  High,  Elections 104 

Bonds  to  run  no  longer  than  twenty  years 107 

County  Board  of  Education  elected 106 

County  Commissioners  to  submit  question  to  popular  vote 105 

Elections,  how  conducted,  notice 107 

Form  of  ballot 106 

Location  of,  how  determined ._. 105 

Question  of  issuing  bonds,  submitted  to  popular  vote 107 

School  district  bond  election 106 

School  district  bonds  may  be  issued 106 

School  tax  election 103 

School  Trustee  Election 70-75 

Assistance  allowed  in  marking  ballots,  when  allowed,  spoiled  ballots 73 

Candidates  to  file  names  with  County  Clerk 74 

Certificate  of  election 74 

Challenge,  illegal  voting 74 

Compensation 72 

Deputy  to  fill  vacancies 75 

Duty  of  election  board  on  completion  of  count 74 

Election  in  new  districts 70 

Election  officers,  how  appointed 70 

How  to  vote 73 

Instructions  for  voting 73 

List  delivered  to  Inspectors 72 

Not  allowed  at  polls 73 

Notice  of  election,  to  be  posted 71 

Number  and  form  of  ballots 73 

Number  of  Trustees,  how  determined 70 

Oath,  form  of 71 

Polls  kept  open 70 

Preparation  of  list  of  voters.. 72 

Qualifications  for  voting 71 

Registration  regulations 71 

Registry  list 72 

Tally  lists 70 

Trustees,  election  of,  when 70 

Trustees,  number  of 70 

Vacancies,  how  filled ^ 75 

Voting  shall  be  by  ballot 72 

When  Trustees  take  office 74 

Secrecy  of  ballot , 56,67 

Secretary  of  State,  Duties  of — 

Adjutant-General  to  certify  to . 68 

Ballots  furnished  by 61 

Certificates  of  nomination  filed  with 60 

Certified  copy  of  registry  list  sent  to 15 

County  Clerk  to  deliver  all  papers  to 50 

Deliver  papers  to  presiding  officer 50 

File,  preserve  itemized  statement . 83 

Furnish  copies  of  Corrupt  Practice  Act 84 

Inspect  and  demand  statement 84 

May  send  messenger 45 

Name  of  agent  of  U.  S.  and  state  candidates  filed  with 80 


INDEX  TO  ELECTION  LAWS  125 

Secretary  of  State,  Duties  of— Continued  PAGE 

Notify  Attorney-General 85 

Notify  District  Attorney 83 

Pamphlets  printed ^^----  59 

Preserve  statementsix  months 86 

Referendum  petition  filed  with 77 

Result  of  canvass  for  U.  S.  Senator 76 

Shall  certify  to  County  Clerk  name  and  office  for  which  he  is  nominated 61 

Soldier  vote 69 

Statement  filed  with 82 

To  certify  constitutional  amendments  to  the  County  Clerk 61 

To  certify  questions  to  County  Clerk 78 

To  have  ballots  printed  on  tinted  paper 62 

To  include  Corrupt  Practice  Act  in  Election  Laws 84 

To  publish  total  of  each  statement  in  report 86 

Under  primary  election.     See  Primary  Election. 

Warn  candidate  of  omission  of  filing  statement  of  primary  expenses 92 

Section,  each  independent 96 

Senators,  apportionment  of 112 

Sheriff,  duties  of 37 

Signature  of  voter 19 

Soldiers'  vote,  how  taken 68 

Special  elections 22 

State  Central  Committee 34 

Statement,  false  prohibited,  to  be  served  on  candidate 92 

Statement  of  expenses,  form  of 95 

Statement,  subject  to  public  inspection 86 

Statement,  to  be  preserved  six  months 86 

Statement  to  contain  maximum  to  be  expended  and  liability  incurred 80 

Statement,  totals  of  to  be  published  in  report 86 

Stationery 5, 16 

Suffrage,  woman,  proposed  constitutional  amendment 115 

Supplies 37.69 

T 

Terms  construed 81 

Tie  vote 44 

Town  and  city  elections 75,  76 

Transfers 12.  13,14 

Treating  prohibited 88 

u 

Unlawful  to  be,  or  refrain  from  being  candidate,  for  consideration 93 

U.  S.  Senator :. 76 

U.  S.  Senator  and  Congressman,  name  of  political  agent,  file  with  Secretary  of  State 82 

U.  S.  Senator,  candidates  may  pledge  to  vote  for  people's  choice 86 

Usurper  of  office,  when,  exception 94 

V 

Vacancies,  how  filled 35 

Vacancies  to  be  filled  by  proper  committee  of  political  party 92 

Violations 66,67.94.103 

Vote  canvassed 40 

Vote,  how  to 1 64 

Voting,  fraudulent 16 

Voting,  three  hours  allowed  certain  electors 103 

Voters — Additional  regulations  in  registration 16 

Complete  list  filed  by  Registry  Agent  with  County  Clerk 14 

Legal,  when  considered 15 

May  register  elsewhere  in  county 15 

Number  of  in  precinct 36 

Signature 17 

Unable  to  write 17 


126  INDEX  TO  ELECTION  LAWS 

PAGE 

Voters,  assisted  in  marking  ballot 65 

Voters,  conveyances  must  not  be  provided  for 90 

Voters,  particular  directions  as  to  registration 5 

Voters,  transportation  or  other  expenses  prohibited 90 

Voter  to  take  oath 7 

w 

Wards 76 

Witness  fees 48 

Witness  not  to  incriminate  self 91 

Woman  suffrage,  proposed  constitutional  amendment 115 

0 


VOTERS,  TAKE  NOTICE! 

Before  election  day  read  the  law. 

Secure  a  sample  ballot  before  goingf  to  the  polls* 

Decide  for  whom  you  will  vote  before  gfoingf  into  the  booth. 

Obtain  your  ballot  from  one  of  the  Clerks  of  Election. 

You  will  be  allowed  only  ten  minutes  in  which  to  prepare 
your  ballot. 

Stamp  the  cross  X  in  the  square  after  the  name  fdr  which 
you  vote. 

The  cross  must  be  made  only  with  the  stamp  in  black  ink. 

Any  writin§f  or  other  marking  will  invalidate  your  ballot. 

Fold  your  ballot  before  leaving  the  booth. 

See  that  the  water-mark  and  number  are  on  the  outside. 

Deliver  your  ballot,  folded,  with  the  stamp,  ink  and  ink-pad 
to  the  Inspector,  and  give  your  name. 

Only  one  voter  can  occupy  a  booth  at  one  time. 

A  voter  physically  disabled  may  have  the  assistance  of 
another  elector  in  preparing  his  ballot. 

Inability  to  read  or  write  will  not  be  considered  a  physical 
disability. 

Drunkenness  is  not  physical  disability. 


NOTE— The  above  are  respectfully  suggested  as  some  of  the  instruc- 
tions to  be  printed  in  the  card  of  instruction  to  voters.  Sections  27,  28, 
29  and  30  of  Chap.  5,  entitled  "  An  Act  relating  to  elections  and  removals 
from  office"  should  be  printed  on  each  card. 


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